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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 has developed
and implemented these plans. 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.
As further described in "Wyoming/Montana
Coalbed Methane Project Area", the issuance of new coalbed methane
drilling permits in Montana has been temporarily halted pending
a final Record of Decision by the Federal Bureau of Land Management.
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. 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.
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