FLUE-CURED TOBACCO COOPERATIVE STABILIZATION CORPORATION; Universal Leaf Tobacco Company, Incorporated; Philip Morris, Incorporated; RJ Reynolds Tobacco Company; Gallins Vending Company, Plaintiffs-Appellees, and
Council for Burley Tobacco, Incorporated; Brown & Williamson Tobacco Corporation, Plaintiffs,
v.
The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Carol M. Browner, Administrator, Environmental Protection Agency, Defendants-Appellants,
Public Citizen; American Heart Association; American Cancer Society; American College of Chest Physicians; American College of Preventive Medicine; National Center for Tobacco-Free Kids; Washington Legal Foundation, Amici Curiae, and
American Public Health Association; American Lung Association, Movants.
Flue-Cured Tobacco Cooperative Stabilization Corporation; Council For Burley Tobacco, Incorporated; Universal Leaf Tobacco Company, Incorporated; Philip Morris, Incorporated; RJ Reynolds Tobacco Company; Gallins Vending Company; Brown & Williamson Tobacco Corporation, Plaintiffs-Appellants,
v.
The United States Environmental Protection Agency; Carol M. Browner, Administrator, Environmental Protection Agency, Defendants-Appellees,
Public Citizen; American Heart Association; American Cancer Society; American College of Chest Physicians; American College Preventive Medicine; National Center for Tobacco-Free Kids; Washington Legal Foundation, Amici Curiae, and
American Public Health Association; American Lung Association, Movants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 7, 1999.
Decided December 11, 2002.
Attorney(s) appearing for the Case
ARGUED: David Carlisle Shilton, United States Department of Justice, Washington, D.C., for Appellants. Murray Richard Garnick, Arnold & Porter, Washington, D.C., for Appellees. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division, Alice L. Mattice, Greer S. Goldman, United States Department of Justice, Washington, D.C.; John W. Stone, Jr., Assistant United States Attorney, Greensboro, North Carolina; Gregory B. Foote, Steven Silverman, Environmental Protection Agency, Washington, D.C., for Appellants. Thomas Davis Sydnor, II, Arnold & Porter, Washington, D.C.; Douglas W. Davis, Hunton & Williams, Richmond, Virginia, for Appellees. Colette G. Matzzie, David C. Vladeck, Alan B. Morrison, Public Citizen Litigation Group, Washington, D.C., for Amici Curiae Public Citizen, et al. Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, Washington, D.C., for Amicus Curiae Foundation.
Before WIDENER and MOTZ, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge HOWARD concurred.
OPINION
WIDENER, Circuit Judge.
This case involves a challenge to the Environmental Protection Agency's (EPA) 1993 Report that classified environmental tobacco smoke1 as a known human carcinogen. On appeal, EPA presents five arguments challenging the district court's decision that EPA...
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