Lawsuits target landlords of controversial Sterigenics plant

COBB COUNTY, Ga. — The owners of a building housing a controversial surgical sterilization company are asking a judge to throw out a lawsuit against them.

The lawsuit involves the Sterigenics plant in Cobb County. It’s accused of pumping cancer-causing chemicals into the air.

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The landlords told a judge Friday they’re not responsible for what their tenant does.

It’s an interesting legal question: How responsible is the landlord for what its tenant does? In this case, attorneys for the plaintiffs say — a lot.

Sterigenics is located in an industrial building in Cobb County, but it doesn’t own that building. It’s now involved in a series of lawsuits which claim it released ethylene oxide gas, or ETOs, which can cause cancer.

Attorneys for the people filing some of these lawsuits claim Sterigenics’ landlord is just as responsible for the releases as Sterigenics is.

In a virtual hearing, the landlord’s attorneys argued that’s not the case Once the tenants sign the lease, they’re responsible for what happens inside their space, said attorney Michael Diorio.

“We’re being sued because we own the property. We’re now being sued because of what Sterigenics is doing in its space,” Diorio said. “We’ve parted with it . It’s their space.”

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These lawsuits stem from an investigation which showed Georgia Environmental Protection Division was warned about high levels of cancer-causing ETOs in specific census tracts, including Cobb.

Sterigenics uses ETOs to sterilize medical equipment.

Janet Rau is president of Stop Sterigenics Georgia. The group is not involved in any of the suits, but offers support to those it says are affected by the chemical release.

“Now there are somewhere in the range of 300 lawsuits,” Rau said.

She believes landlords are responsible for what happens on their property and should be held accountable.

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“People who own industrial properties have a reasonability to be good landlords and to ensure that their tenants are abiding by the rules,” Rau said.

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