The Defendant and its United States subsidiaries filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code on January 19, 2012. The cases are jointly administered under Case No. 12 - 10202 (ALG). The United States Department of Justice timely filed a proof claim.
Defendant is a materials science company that was once the worldÂs leading producer of film and cameras. The Defendant emerged from Bankruptcy in September, 2013, but the Bankruptcy Court retained jurisdiction concerning settlement of the United States protective claim described below.
Request the Department of Justice file a claim against the Defendant for past and future response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 with respect to the Mercury Refining Superfund Site, located in Colonie and Guilderland, New York. EPA also requested DOJ file a claim against the Defendant for past and future CERCLA response costs with respect to the Fair Lawn Well Field Superfund Site in the Borough of Fair Lawn, New Jersey. In addition, EPA requested DOJ file a protective proof of claim with respect to the Defendant's obligations under an administrative settlement agreement in which the Defendant and two other potentially responsible parties agreed to perform a remedial investigation and feasibility study under CERCLA with respect to the Fair Lawn Well Field Site. EPA requested the filing of a protective proo