Georgians exposed to toxic chemical plume ask top state court for medical monitoring

ATLANTA (CN) — Georgia’s Supreme Court heard arguments Tuesday over whether residents exposed to a toxic chemical plume can force the company responsible to pay for long-term medical monitoring to detect the onset of health effects.

The issue stems from a class action against BioLab, which produces chlorinating agents and other cleaning products for swimming pools and spas. On Sept. 29, 2024, its plant in Conyers, Georgia, erupted in fire, sending a massive chemical plume across the surrounding area.

More than 17,000 residents in Rockdale County were forced to evacuate and widespread shelter-in-place orders were issued for several days across metro Atlanta.

Resident class members fear the chemical exposure could lead to serious long-term health issues and potentially cancer.

Their underlying lawsuit involves claims of nuisance, trespass, negligence and strict liability, as they seek compensation including a medical monitoring program for ongoing screening and early detection of any illnesses or diseases, as well as ongoing air and water testing.

“Thousands of people continue to live under that cloud,” said attorney Michael Terry, representing the plaintiffs from the Atlanta firm Bondurant, Mixson and Elmore.

BioLab argues a present physical injury is required to succeed in tort claims. The company insists any ruling otherwise would result in unpredictable litigation against product manufacturers and other businesses.

But the justices were not entirely persuaded.

“There was alleged current harm and the need for medical monitoring,” Justice Carla Wong McMillian said. Justice Verda Colvin also noted many of the class members included claims of present injuries suffered as a result of the incident.

Justice Andrew Pinson pointed to a previous ruling where the court ruled that patients whose data was stolen in a 2016 breach suffered a cognizable injury due to the imminent and substantial risk of identity theft. In that case, the plaintiffs sought damages based on costs related to credit monitoring and identity theft protection. Pinson questioned why those claims of a future risk would differ from what the plaintiffs seek in this case.

Justice Charles Bethel mentioned that some sort of medical evaluations may be required to determine the scope of the injuries.

“It may be that as evidence developed not everyone would need to be subject to monitoring,” Bethel said.

Another issue of concern expressed by the justices was the federal court’s challenge of implementing a remedy that not only complies with the Constitution, but with Georgia state law as well.

In September 2025, the Joe Biden-appointed judge overseeing the case, U.S. District Judge Sarah Geraghty, said state law does not specify whether mere exposure and the increased risk of developing a medical condition in the future is a legally cognizable injury.

But the residents claim BioLab has put them at risk for years and has long neglected safety regulations.

They argue Georgia and federal authorities have repeatedly found environmental violations, with the plant facing three Clean Air Act enforcement actions between 2019 and 2024.

State environmental regulators inspected the plant in early 2024 and found multiple improperly sealed and unlabeled hazardous waste containers, which was later found to be the cause of the blaze by the Occupational Safety and Health Administration.

The September 2024 fire was the fourth fire at the Conyers Plant since 2004, with the first three also requiring evacuations.

BioLab was also sued in December 2025 by Verlan Fire Insurance Company, which claimed it had to pay more than $20 million in damages to a nearby manufacturing company as a result of the plant’s failure to prevent dangerous chemical reactions.

Whatever Georgia’s highest court decides could have broader implications on how courts across the state handle environmental exposure cases moving forward.

Chief Justice Nels S.D. Peterson and Justice Shawn Ellen LaGrua were recused from the case.

Follow @Megwiththenews