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Amendments to the CAA were adopted in 1990
and contain provisions that may result in the gradual imposition
of certain pollution control requirements with respect to air
emissions from the operations of the Company. The EPA and states
have been developing regulations to implement these requirements.
The Company may be required to incur certain capital expenditures
in the next several years for air pollution control equipment
in connection with maintaining or obtaining operating permits
and approvals addressing other air emission-related issues. However,
the Company does not believe its operations will be materially
adversely affected by any such requirements.
Federal regulations require
certain owners or operators of facilities that store or otherwise
handle oil, such as the Company, to prepare and implement spill
prevention, control, countermeasure ("SPCC") and response plans
relating to the possible discharge of oil into surface waters.
The Company has acknowledged the need for SPCC plans at certain
of its properties and believes that it will be able to develop
and implement these plans in the near future. The Oil Pollution
Act of 1990, ("OPA") contains numerous requirements relating to
the prevention of and response to oil spills into waters of the
United States. The OPA subjects owners of facilities to strict
joint and several liability for all containment and cleanup costs
and certain other damages arising from a spill, including, but
not limited to, the costs of responding to a release of oil to
surface waters. The OPA also requires owners and operators of
offshore facilities that could be the source of an oil spill into
federal or state waters, including wetlands, to post a bond, letter
of credit or other form of financial assurance in amounts ranging
from $10 million in specified state waters to $35 million in federal
outer continental shelf waters to cover costs that could be incurred
by governmental authorities in responding to an oil spill. Such
financial assurances may be increased by as much as $150 million
if a formal risk assessment indicates that the increase is warranted.
Noncompliance with OPA may result in varying civil and criminal
penalties and liabilities. Operations of the Company are also
subject to the federal Clean Water Act ("CWA") and analogous state
laws. In accordance with the CWA, the state of Louisiana has issued
regulations prohibiting discharges of produced water in state
coastal waters effective July 1, 1997. Pursuant to other requirements
of the CWA, the EPA has adopted regulations concerning discharges
of storm water runoff. This program requires covered facilities
to obtain individual permits, participate in a group permit or
seek coverage under an EPA general permit. While certain of its
properties may require permits for discharges of storm water runoff,
the Company believes that it will be able to obtain, or be included
under, such permits, where necessary, and make minor modifications
to existing facilities and operations that would not have a material
effect on the Company. Like OPA, the CWA and analogous state laws
relating to the control of water pollution provide varying civil
and criminal penalties and liabilities for releases of petroleum
or its derivatives into surface waters or into the ground.
The Company also is subject
to a variety of federal, state and local permitting and registration
requirements relating to protection of the environment. Management
believes that the Company is in substantial compliance with current
applicable environmental laws and regulations and that continued
compliance with existing requirements will not have a material
adverse effect on the Company.
Operating Hazards and Insurance
The oil and natural gas
business involves a variety of operating hazards and risks such
as well blowouts, craterings, pipe failures, casing collapse,
explosions, uncontrollable flows of oil, natural gas or well fluids,
fires, formations with abnormal pressures, pipeline ruptures or
spills, pollution, releases of toxic gas and other environmental
hazards and risks. These hazards and risks could result in substantial
losses to the Company from, among other things, injury or loss
of life, severe damage to or destruction of property, natural
resources and equipment, pollution or other environmental damage,
cleanup responsibilities, regulatory investigation and penalties
and suspension of operations. In addition, the Company may be
liable for environmental damages caused by previous owners of
property purchased and leased by the Company. As a result, substantial
liabilities to third parties or governmental entities may be incurred,
the payment of which could reduce or eliminate the funds available
for exploration, development or acquisitions or result in the
loss of the Company's properties. In accordance with customary
industry practices, the Company maintains insurance against some,
but not all, of such risks and losses. The Company does not carry
business interruption insurance or protect against loss of revenues.
There can be no assurance that any insurance obtained by the Company
will be adequate to cover any losses or liabilities. The Company
cannot predict the continued availability of insurance or the
availability of insurance at premium levels that justify its purchase.
The occurrence of a significant event not fully insured or indemnified
against could materially and adversely affect the Company's financial
condition and operations. The Company may elect to self-insure
if management believes that the cost of insurance, although available,
is excessive relative to the risks presented. In addition, pollution
and environmental risks generally are not fully insurable. The
occurrence of an event not fully covered by insurance could have
a material adverse effect on the financial condition and results
of operations of the Company. The Company participates in a substantial
percentage of its wells on a nonoperated basis, which may limit
the Company's ability to control the risks associated with oil
and natural gas operations.
Title to Properties; Acquisition Risks
The Company believes it
has satisfactory title to all of its producing properties in accordance
with standards generally accepted in the oil and natural gas industry,
except to the extent described in Note 8 of the Notes to the Consolidated
Financial Statements with respect to certain Starr County properties.
The Company's properties are subject to customary royalty interests,
liens incident to operating agreements, liens for current taxes
and other burdens which the Company believes do not materially
interfere with the use of or affect the value of such properties.
As is customary in the industry in the case of undeveloped properties,
little investigation of
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