Lead Lawyers from Norfolk Southern East Palestine Toxic Spill Litigation File Federal Class Action Against Conyers, Georgia BioLab Over September 29, 2024 Chemical Explosion and Plume

Lieff Cabraser Heimann & Bernstein LLP and Grant & Eisenhofer, Key Architects of the $600M East Palestine Toxic Spill Settlement, Seek Justice for Conyers Residents Affected by the Chemical Explosion and Cloud

On October 2, 2024, Lieff Cabraser Heimann & Bernstein, LLP, Grant & Eisenhofer, Jenner Law, and Georgia counsel Holzer & Holzer filed a federal class action lawsuit in the U.S. District Court for the Northern District of Georgia in Atlanta against Bio-Lab Inc. and Kik Custom Products, Inc. over the September 29, 2024 chemical fire and toxic plume release in Conyers, Georgia, on behalf of certain named individual local residents and business owners as well as a class of all others similarly affected by the Bio-Lab environmental disaster.

“Like the East Palestine train derailment, this incident caused a massive toxic release into the community that should have never occurred,” said Lieff Cabraser partner Mark P. Chalos, who represents the plaintiffs in the action and who has represented plaintiffs in toxic exposure cases for many years. “Bio-Lab and Kik failed in their responsibilities to the community both before, during, and after the fire and toxic release. We look forward to getting the justice for our Conyers clients in federal court.” (Lieff Cabraser served on the Plaintiffs’ Executive Committee in the Norfolk Southern lawsuit and co-chaired the Law and Briefing Committee in that case).

“This toxic spill should not have occurred, and the Conyers’ tragedy is similar to the East Palestine release that settled favorably for the affected community just a few weeks ago,” said Grant & Eisenhofer partner Elizabeth Graham, who served as co-lead counsel in the Norfolk Southern toxic spill case and also represents the plaintiffs here. “We look forward to having the opportunity to prosecute our case and get restitution for the people of Conyers who have suffered due to the misconduct of the defendants here.”

Reported Details of the Conyers Georgia Bio-Lab Environmental Disaster

On September 29, 2024, at approximately 5:00 a.m., a chemical fire reportedly broke out on
the roof of the KIK Bio-Lab facility in Conyers, Georgia. Around that same time, a building sprinkler activated, spraying water onto water reactive chemicals and triggering explosive chemical reactions. The initial fire subsided, but reignited a few hours later. Firefighters rushed to the scene to quell the flames, but because the source of the ignition was water reactive chemicals, traditional firefighting methods were reportedly unable to effectively contain the unfolding disaster. Massive walls of smoke, containing toxic chemicals such as chlorine, hydrochloric acid, hydrogen cyanide, hydrogen bromide and phosgene billowed throughout Georgia’s Rockdale County and surrounding communities. These chemicals are incredibly caustic, and can potentially cause severe, life-changing injuries from even short-term exposures.

An evacuation order was issued, mandating that anybody physically present in Conyers, Georgia immediately flee from the toxic clouds filling the town. All residents of Rockdale County and other communities were ordered to shelter in place, and turn off all air conditioners and ventilation systems to the toxic air outside.

Plaintiffs were forced to evacuate their homes with no advance notice, and remain scared of the long-term implications for their families, pets, residences, and businesses. As alleged in the Complaint, the defendants’ recklessness has upended the lives of hundreds of thousands of Georgians, who now fear for their health and the habitability of their neighborhoods.

The lawsuit alleges that the residential properties have suffered a trespass and nuisance damages, and will continue to suffer a diminution in value by virtue of their proximity to toxic release, and being located near this environmental disaster. As a result, Plaintiffs and the putative class members suffer and will continue to suffer damages, including decreased property values, damage to their real and personal property, lost wages, loss of business income, and loss of business goodwill.

Relief Sought in the Action

This isn’t the first toxic incident for these companies: Notably, defendants’ recklessness has caused numerous similar explosions before — including several at the very Conyers facility that exploded on 9/29.

The lawsuit alleges that amidst a history of reckless handling of extremely toxic Trichloroisocyanuric Acid (TCCA) that is used in manufacturing various consumer products, as in a 2004 explosion and toxic release that spread over 100 miles and two 2020 explosions that spread lethal chemical clouds throughout the same Conyers areas, Bio-Lab and KIK continued to use inadequate, delayed, and largely nonfunctional fire protection systems without any automated extinguishing systems. Such findings emerged in a report conducted by the U.S. Chemical Safety & Hazard Investigation Board, that concluded that Bio-Lab “did not adequately maintain its fire protection system to protect against fire hazards and ensure functionality during an emergency.”

“This disaster hit the people of Conyers hard, but Conyers knows how to hit back,” notes Corey Holzer, managing partner of Holzer & Holzer, who also represents the plaintiffs. “This disaster strikes at the heart of beloved communities, and we are going to proceed as forcefully and expeditiously as possible to get the residents and businesses of Conyers and surrounding areas the justice they deserve.”