Environmental groups threaten to sue city of Atlanta over alleged Flint River pollution

Caption

At Flat Shoals in Pike County, roughly 40 miles downstream from Hartsfield-Jackson Atlanta International Airport, anglers cast fly rods for shoal bass in the Flint River.

Credit: Pamela Kirkland/GPB News

The Flint Riverkeeper and the Southern Environmental Law Center notified the city of Atlanta on Wednesday that they intend to sue over what they describe as "longstanding and ongoing violations" of federal environmental laws at Hartsfield-Jackson Atlanta International Airport. 

The notice alleges "illegal and unpermitted discharges of fuel, sewage, solid waste, and per- and polyfluoroalkyl substances (PFAS) into the Flint River and two of its tributaries.” 

In a 26-page notice of intent to sue, the two groups allege the city of Atlanta has violated the U.S. Environmental Protection Agency’s Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), which dictates handling and disposal of hazardous waste, through years of pollution from airport operations. The groups say the releases are “a threat to drinking water supplies downstream and to aquatic life." 

“Despite Flint Riverkeeper’s decade-long efforts to work alongside and encourage airport officials to address its pollution, allowing this pattern to continue is unacceptable for the downstream communities, farmers, businesses, paddlers, hunters, and anglers that depend on a clean, healthy river,” Flint Riverkeeper Gordon Rogers said in a press release.

GPB has previously reported on three petroleum releases that reached the Flint River this year. In January, an estimated 28,000 gallons of jet fuel leaked into the river after a release that went undetected for eight days, prompting a temporary "Do Not Consume" advisory in Griffin. In April, another petroleum contamination event reached the river near the airport. Then, over Memorial Day weekend, airport records obtained by GPB showed a broken bolt on an underground fuel line allowed an estimated 9,000 to 13,000 gallons of jet fuel to escape before crews located the source. 

“No one should have to worry about their water smelling and tasting like jet fuel when they turn on the tap or walk down to the river's edge,” Rogers said. “We hope the City of Atlanta will take immediate action to address this pollution and be better stewards of the Flint River.”

According to the filing, airport records document "over 400 fuel spills, both large and small, since July 2021," with "at least nine" resulting in discharges to surface waters. The groups also allege the airport has discharged sewage, de-icing chemicals and solid waste into the Flint River, Sullivan Creek and Mud Creek through its stormwater system. 

“Repeated spills into the Flint River cannot become the status quo,” said April Lipscomb, senior attorney for the Southern Environmental Law Center. “We need the City of Atlanta to protect the Flint River at its source for cleaner drinking water, healthier wildlife, and safer places for people to fish, paddle, and enjoy the river for generations to come.”

The notice also points to years of PFAS monitoring by the Clayton County Water Authority. Data reviewed by GPB News show PFAS levels consistently rising after the Flint River flows through the airport corridor. Between 2023 and early 2026, PFAS concentrations at a monitoring station downstream of the airport averaged about a dozen times higher than samples taken upstream. Quarterly testing has routinely found levels 10 times greater than federal drinking water safety standards. 

The environmental groups cite those findings in arguing the airport is an ongoing source of PFAS contamination, and say the airport's handling of PFAS-containing materials amounts to disposal of solid waste that "may present an imminent and substantial endangerment to health or the environment." 

The notice starts a 60-day countdown before the groups can sue over the Clean Water Act violations, and a 90-day countdown for the hazardous waste claims.

Hannah Palmer, a Flint Riverkeeper member, said she hopes the legal notice pushes the airport to make improvements without litigation.

"The intent to sue means the airport needs to pay attention, and there's still time to remedy this before it has to go to court," Palmer said.

The city of Atlanta and Hartsfield-Jackson Atlanta International Airport did not immediately respond to requests for comment Wednesday.