Democratic AGs Go For Broke on PFAS Manufacturer Bankruptcy Deal

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  • A group of six Democratic AGs filed an objection to a proposed bankruptcy plan for firefighting foam manufacturer Kidde-Fenwal, Inc. (“KFI”), claiming that the deal would allow KFi to avoid billions in potential liabilities for PFAS pollution.
  • In the objection, the AGs argue that the proposed bankruptcy plan—which would release KFI’s parent company from liability for PFAS-related claims in exchange for $540 million in payments to KFI’s creditors—is unlawful under the U.S. Supreme Court’s Harrington v. Purdue Pharma, L.P. decision holding that federal bankruptcy law does not allow for nonconsensual third-party releases.
  • The AGs request that the court sustain the AGs’ objection and disapprove KFI’s proposed bankruptcy disclosure statement, among other relief.
  • We have previously reported on other PFAS-related actions by AGs, including New Jersey AG Matthew Platkin’s $450 million settlement with 3M; lawsuits filed by the AGs of Maryland, Texas, Indiana, and Connecticut; and Ohio AG Dave Yost’s $110 million settlement with DuPont.
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