NEWTON COUNTY — Sustainable Newton has banded together with three environmental activist groups to sue President Donald Trump and the U.S. Environmental Protection Agency (EPA) over an exemption given to commercial sterilizer facilities that applied to Covington’s Becton-Dickinson (BD) plant.
On July 17, 2025, Trump announced that 40 commercial sterilizer facilities across the United States would receive a two-year exemption from a 2024 EPA rule that aimed to reduce ethylene oxide emissions.
Ethylene oxide is a colorless gas often used in sterilizer facilities. It has been classified as a known human carcinogen by the EPA since December 2016. The EPA’s website notes that studies have found that extensive exposure to the gas has been associated with increased risk of blood and breast cancer.
One of the 40 facilities that received an exemption is Becton Dickinson (BD) in Covington, formerly known as Bard Manufacturing. In recent years, the sterilization plant has been the target of multiple lawsuits from employees and nearby residents who received cancer diagnoses and blamed the ethylene oxide emissions. Many lawsuits allege that BD allowed ethylene oxide to leak into the air surrounding the plant.
Last year, a jury awarded Covington resident and truck driver Gary Walker $20 million in compensatory damages after a jury found BD liable for playing a role in his non-Hodgkin lymphoma diagnosis.
Sustainable Newton says that the exemption prevents them from obtaining necessary data from BD about emissions of ethylene oxide.
“Despite multiple inquiries, Plaintiff Sustainable Newton has not received up-to-date control system performance test results or continuous emissions monitoring data from the exempted Becton-Dickinson facility in Covington,” per page 34 of the 41-page lawsuit. “Becton-Dickinson installed continuous emissions monitoring systems and is no longer required by its permit or the EtO [ethylene oxide] Rule to conduct performance testing on its control systems. Georgia’s Environmental Protection Division does not require data reporting for continuous emissions monitoring systems.
“Because of the exemption, Sustainable Newton and its members have lost access to information they would otherwise have been able to access.”
BD told The Covington News on Wednesday evening that the exemption granted by Trump is “essential” in fully bringing emission-reducing equipment up to standard while also not impacting production of equipment at the facilities.
"In keeping with BD’s culture of continuous improvement, the company invested in major emission‑control upgrades nationwide even before the new NESHAP rule was issued and continues to evaluate emerging technologies,” BD said in a statement. “While BD advances toward meeting the new NESHAP requirements, certain provisions require customized equipment and specialized installation, making the recent exemption essential for realistic compliance. Under the two‑year extension granted by the Administration, BD will complete remaining upgrades within a realistic timeframe that ensures uninterrupted production of critical medical devices and the continued safety of operations.”
The remaining three plaintiffs are CleanAire NC of Charlotte, N.C.; Virginia Interfaith Power and Light of Richmond, Va.; and the Natural Resources Defense Council, Inc. in New York, N.Y. All claim in the lawsuit that the exemption violates the Clean Air Act and is an overstep of the president’s authority.
“President Trump’s sweeping Sterilizers Proclamation grossly exceeds the bounds of the Section 7412(i)(4) exemption authority,” per page 5 of the filing. “It exempts about 45% of commercial sterilizers from complying with the EtO [ethylene oxide] Rule in its entirety without any standard- or facility-specific analysis showing that any of the 40 specific facilities cannot meet the statutory standard.”
The plaintiffs added that no sitting president had enacted the exemption authority noted in section 7412(i)(4) of the Clean Air Act since it was passed by Congress 55 years ago. Trump has enacted the exemption seven times since taking office, according to the lawsuit.
In a statement on the group’s website, Sustainable Newton co-founder and President Maurice Carter said the decision to partake in the lawsuit was a no-brainer.
“For Sustainable Newton, joining this lawsuit was an easy decision, given our history of working to encourage transparency, safety monitoring, and a science-based approach to public health,” Carter said. “Through our Environmental Hazards Committee, we have made a commitment to do all we can to protect our Newton County community from harm through advocacy and education.”
The plaintiffs are looking for a judge to declare Trump’s proclamation invalid, returning the exempted facilities to compliance with the 2024 rule. They are also asking for awardance of legal fees and any other relief the court deems “just and proper.”
