While the toxic plume from the BioLab facility fire no longer hangs over Rockdale County, the area has become host to a small army of lawyers, regulators and contractors as officials seek answers and the community’s recovery efforts begin in earnest.
On Monday, the depths of the rift between the community and the company became even more clear. Rockdale County commissioners announced plans to file a federal lawsuit against BioLab with hopes of removing the company from Conyers.
The suit, expected to be filed later this week, will become one of more than a dozen against the company since the Sept. 29 fire. Those who have gone against the company in court in the past say it was an uphill battle.
Alabama-based attorney Lew Garrison is one of several lawyers who have filed lawsuits in the wake of the fire. His firm’s clients include a Conyers family that was forced to evacuate their home to avoid the toxic plume and an elderly woman with Chronic Obstructive Pulmonary Disease who was allegedly admitted to the hospital and put on a ventilator.
This is not the first time he has faced BioLab in court: Two decades ago, he was a lead attorney representing Rockdale residents following a similar blaze at its facility in 2004. He said that seeing it all unfold again — the evacuations, the massive plume — was a “bizarre” experience for him.
“I said, ‘Oh my god’,” Garrison recalls. “You’d think they would have learned.”
The legal battle twenty years ago was protracted and fraught with complications. The case dragged out for years as the company sought to prevent residents who received relief funds from the company shortly after the disaster from receiving money from any legal settlement, court filings show. Some residents received as little as $75, an “insignificant” amount of money, Garrison said.
Then, in 2009, BioLab’s corporate owners at the time declared bankruptcy before a settlement could be reached, he said. Garrison said this severely limited recovery, which ultimately amounted to $7 million, court filings show.
“They didn’t have unlimited sums of money. At that point, we were basically an unsecured creditor. We didn’t have a lot of leverage,” Garrison said.
So when BioLab opened a claims center last week, Garrison and his colleagues were skeptical. On Friday, the company announced in a news release that it had served 300 Rockdale residents and business owners.
BioLab on Monday said the company had little to say about the county’s announcement of its plans to sue. They have not seen a legal complaint from the county, but noted that the company worked in collaboration with the county and others to respond to the fire. They placed a priority on public health and safety, a company spokesperson said in a written response.
“We also worked diligently alongside the County to quickly stand up support resources for community members – including a process to be reimbursed for expenses related to the incident – and we remain fully committed to making things right for impacted area residents and business owners,” the spokesperson wrote.
But Melvin Little, owner of a local automotive body shop across the street from the BioLab facility, says he does not trust the company. He is concerned about what will happen once the world’s attention moves on to the next crisis.
“It’s going to pass the news cycle, then it’s business as usual,” Little said.
His shop was closed for more than a week and, after that, was open and closed intermittently as the plume periodically drifted back over his business. He estimates he has lost tens of thousands of dollars due to the fire, and the chlorine and other chemicals have already degraded his equipment and building.
While he has hired an attorney, Little has not decided on filing a lawsuit yet. He will not be taking advantage of BioLab’s claims center, either, which he sees as an attempt at damage control.
“They just want to soften the blow of the lawsuits,” Little said.
So far, there has been little evidence that BioLab is requiring a release of claims in exchange for money. Attorney Mark Chalos, who represents several Rockdale residents, said BioLab’s attorneys have assured him there won’t be a repeat of the company’s 2004 strategy.
On Thursday, he and BioLab’s attorneys filed a joint motion in federal court that prohibits the company from requiring releases on the condition of community assistance. In theory, this would allow anybody who files a claim directly with BioLab to remain part of a future class action, even if they aren’t yet represented by a lawyer.
Still, Chalos, who was lead counsel for East Palestine, Ohio, residents who recently agreed to a $600 million settlement with Atlanta-based Norfolk Southern, advises caution.
“As a general matter, people should be very careful when they sign,” Chalos said. “Trust but verify.”
Meanwhile, Rockdale County officials announced last week the end to the shelter-in-place order first put in place nearly three weeks earlier. Many Rockdale residents remain unsatisfied by the response from the company and local elected officials.
Residents have met in churches, the Georgia Capitol and elsewhere to share grievances and figure out next steps. Some called on Gov. Brian Kemp to declare a state of emergency, as he did with Hurricane Helene. Many residents fear for their long-term health. Others want to see BioLab run out of town.
On Saturday, an organization made up of Rockdale residents and several local and national organizations, including the NAACP, held a rally in opposition to BioLab. U.S. Rep. Hank Johnson, whose district includes Conyers, has called on BioLab to be shut down permanently. Several federal agencies including the EPA, Occupational Safety and Health Administration and the U.S. Chemical Safety and Hazard Investigation Board are investigating the incident.
Rockdale resident Melanie Hutchinson said she is fed up with BioLab. She remembers 2004 fire, when the sky was blotted out with a thick gray haze. She wants the company not only out of Conyers, but put out of business permanently so they cannot harm other communities.
“We’ve been ignored way too long and have been put in danger way too long,” Hutchinson said.
About the Author
