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transportation is through interstate
common carrier pipelines. Effective as of January 1, 1995, the FERC
implemented regulations generally grandfathering all previously
approved interstate transportation rates and establishing an indexing
systemfor those rates by which adjustments are made annually based
on the rate of inflation, subject to specified conditions and limitations.
These regulations may tend to increase the cost of transporting
natural gas and oil liquids by interstate pipeline, although the
annual adjustments may result in decreased rates in a given year.
Every five years, the FERC must examine the relationship between
the annual change in the applicable index and the actual cost changes
experienced in the oil pipeline industry. In March 2006, to implement
the second of the required five-yearly re-determinations, the FERC
established an upward adjustment in the index to track oil pipeline
cost changes. The FERC determined that the Producer Price Index
for Finished Goods plus 1.3 percent (PPI plus 1.3 percent) should
be the oil pricing index for the five-year period beginning July
1, 2006. We are not able at this time to predict the effects of
these regulations or FERC proceedings, if any, on the transportation
costs associated with oil production from our oil producing operations.
Environmental Regulations
Our operations are subject
to numerous international, federal, state and local laws and regulations
governing the discharge of materials into the environment or otherwise
relating to environmental protection. These laws and regulations
may require the acquisition of a permit before drilling commences,
restrict the types, quantities and concentration of various substances
that can be released into the environment in connection with drilling
and production activities, limit or prohibit drilling activities
on specified lands within wilderness, wetlands and other protected
areas, require remedial measures to mitigate pollution from former
operations, such as pit closure and plugging abandoned wells, and
impose substantial liabilities for pollution resultingfrom production
and drilling operations. The failure to comply with these laws and
regulations may result in the assessment ofadministrative, civil
and criminal penalties, imposition of investigatory or remedial
obligations or the issuance of injunctionsprohibiting or limiting
the extent of our operations. Public interest in the protection
of the environment has increased dramatically in recent years. The
trend of applying more expansive and stricter environmental legislation
and regulations to the natural gas and oil industry could continue,
resulting in increased costs of doing business and consequently
affecting our profitability. To the extent laws are enacted or other
governmental action is taken that restricts drilling or imposes
more stringent and costly waste handling, disposal and cleanup requirements,
our business and prospects could be adversely affected.
We generate waste that may
be subject to the federal Resource Conservation and Recovery Act
(RCRA) and comparable state statutes. The U.S. Environmental
Protection Agency (EPA), and various state agencies
have limited the approved methods of disposal for certain hazardous
and nonhazardous waste. Furthermore, certain waste generated by
our natural gas and oil operations that are currently exempt from
treatment as hazardous waste may in the future be designated
as hazardous waste and therefore become subject to more
rigorous and costly operating and disposal requirements.
We currently own or lease
numerous properties that for many years have been used for the exploration
and production of natural gas and oil. Although we believe that
we have implemented appropriate operating and waste disposal practices,
prior owners and operators of these properties may not have used
similar practices, and hydrocarbons or other waste may have been
disposed of or released on or under the properties we own or lease
or on or under locations where such waste have been taken for disposal.
In addition, many of these properties have been operated by third
parties whose treatment and disposal or releaseof hydrocarbons or
other waste was not under our control. These properties and the
waste disposed thereon may be subject to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), RCRA
and analogous state laws as well as state laws governing the management
of natural gas and oil waste. Under these laws, we could be required
to remove or remediate previously disposed waste (including waste
disposed of or released by prior owners or operators) or property
contamination (including groundwater contamination) or to perform
remedial plugging operations to prevent future contamination. See
Item 1A. Risk Factors We are subject to various governmental
regulations and environmental risks.
CERCLA, also known as the
Superfund law, and analogous state laws impose liability,
without regard to fault or the legality of the original conduct,
on specified classes of persons that are considered to have contributed
to the release of a hazardous substance into the environment.
These classes of persons include the owner or operator of the disposal
site or sites where the release occurred and companies that disposed
or arranged for the disposal of the hazardous substances found at
the site. Persons who are or were responsible for releases of hazardous
substances under CERCLA may be subject to joint and several liability
for the costs of cleaning up the hazardous substances that have
been released into the environment, for damages to natural resources
and for the costs of certain health studies, and it is not uncommon
for neighboring landowners and other third parties to file claims
for personal injury and property damage allegedly caused by the
hazardous substances released into the environment.
Our operations may be subject
to the Clean Air Act (CAA) and comparable state and
local requirements. In 1990 Congress adopted amendments to the CAA
containing provisions that have resulted in the gradual imposition
of certain pollution control requirements with respect to air emissions
from our operations. The EPA and states have developed and
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