Federal judge says Rockdale County can’t recoup emergency costs from BioLab fire

Caption

A massive cloud of multicolored smoke billows from the BioLab facility in Conyers, Ga. during the Sept. 29, 2024 chemical fire.

Credit: U.S. Chemical Safety Board

A federal judge has ruled that Rockdale County cannot recover the money it spent on emergency services during last year’s massive chemical fire at BioLab’s Conyers facility.

In a decision issued this week, U.S. District Judge Sarah Geraghty said Georgia’s “free public services doctrine” prevents governments from billing private companies for public safety responses. That means the county cannot seek reimbursement for deploying firefighters, monitoring air and water quality, ordering evacuations, issuing public alerts, or shelter-in-place orders tied to the September 2024 accident.

But the ruling does not end the case. Geraghty allowed Rockdale’s negligence and nuisance claims to move forward, along with the county’s effort to recover economic damages, decreased property values, and long-term community health impacts.

The court also dismissed Rockdale County’s claim under the federal Clean Air Act. The law allows communities to sue polluters under certain circumstances, but only after giving 60 days’ advance notice to the U.S. Environmental Protection Agency, state regulators, and the company. The county told the court it had filed its lawsuit before sending that notice. Geraghty dismissed the claim without prejudice, meaning the county can refile it in a separate case.

Napoli Shkolnik, the law firm representing Rockdale County, called the mixed ruling "a step forward" in holding BioLab accountable.

“We are encouraged by the court’s thoughtful analysis and its support for local governments and communities advocating for environmental integrity,” said Shayna Sacks and Hunter Shkolnik, partners at Napoli Shkolnik. “This decision bolsters our collective effort to ensure that corporations like BioLab are held accountable for actions that threaten public health and the environment. It demonstrates the judiciary’s commitment to justice and the protection of residents’ rights.”

Rockdale filed the lawsuit in October 2024, arguing that BioLab’s failure to maintain adequate safety systems contributed to the fire that sent a toxic plume into the air.

The county’s lawsuit isn’t the only legal challenge BioLab faces. Residents and business owners have also brought claims against the company. Many of those suits have been combined into a single class action lawsuit that is still moving through the courts.

For more on the BioLab fire impact, check out GPB's podcast, Manufacturing Danger: The BioLab Story,