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claim, nevertheless OSMRE has generally found that Peabody Investments, as a non -parent <br />corporation, does qualify for self-bonding.7 <br />How OSMRE reached this determination is a mystery, however. Filings indicate that <br />Peabody Investment Corporation's assets are entirely pledged as collateral to Peabody Energy's <br />debt.8 This appears to indicate there is no possible way that this subsidiary could meet the criteria <br />for self -bonding set forth at 30 C.F.R. § 800.23. If Peabody Investment Corporation's assets are <br />pledged as collateral to Peabody Energy, then the subsidiary is as financially unqualified as the <br />parent. <br />Peabody's poor financial status is underscored by numerous reports that the company is <br />very likely to file for bankruptcy this year. A January 20, 2016 Bloomberg News article reported <br />that Peabody is likely the next coal mining company to file bankruptcy, following on the heels of <br />Patriot Coal, Walter Coal, Alpha Natural Resources, and Arch Coal. According to the <br />Bloomberg report:9 <br />In terms of capital, Peabody had $1.4 billion in liquidity including cash and availability <br />under its revolving loans as of Nov. 5, according to a company filing. Its cash dropped to <br />$167.4 million on that day from $334.3 million at the end of September. At that rate, the <br />company is going to run out of cash in nine months, Bloomberg data show. <br />In a January 22, 2016 filing, Peabody disclosed an extensive debt exchange proposal and <br />ongoing discussions with debt holders to address its precarious financial status and potentially <br />avoid bankruptcy. 10 However, industry observers have expressed skepticism that any potential <br />debt exchange will succeed in preventing bankruptcy, noting that similar exchanges did not <br />prevent Arch Coal and other companies from recently filing for bankruptcy.) l <br />III. PEABODY'S SELF BONDING IN COLORADO, NEW MEXICO, AND <br />WYOMING <br />Peabody Energy reports the company self -bonds a total of $1,361,400,000 in reclamation <br />obligations across all of its operations. 12 The vast majority of these self -bonding obligations are <br />for the company's permitted coal mines in the states of Colorado, New Mexico, and Wyoming. <br />' OSMRE, "Self -bonding Fact Sheet," available online at http://eelesal.orQ/wp-content/uploads/2015/07/OSMRE- <br />Self-Bond-Fact-Sheet-2-9-15-2.pdf. <br />8 Peabody Investment Corporation's assets are pledged as collateral to Peabody Energy's debt. See Peabody Energy, <br />"Amended and Restated Credit Agreement," available at <br />http://www.sec.lzov/Archives/edpar/data/1064728/0001064728130001 19/btu 20130930ex101.htm. <br />9 Xu Klein, J. and T. Loh, "The Coal Miner `On Everybody's List' as Next Bankruptcy Victim," Bloomberg <br />Business (Jan. 21, 2016), available online at http://www.bloomberQ.com/iiews/articles/2016-01-21/the-coal-miner- <br />on-everybody-s-list-as-next-bankruptcy-victim. Attached as Exhibit 3. <br />10 Peabody Energy, "Form 8-K" (Jan. 2, 2016), available at <br />http://app.quotemedia.com/data/downtoadFilin.p?webmasterld=]Ol 533&ref-1068448l&ape=HTNIL&symbol=BT <br />U&companyNam e=Peabody+Enerp,y+Corp&fortnType=8-K&dateF i led=2016-01-22. <br />11 Desjardins, D., "Peabody Energy is the Next Coal Company to go Bankrupt," Seeking Alpha, available online at <br />http•//seekingalnha com/article/3841246-peabody-energy-next-coal-company-eo-bankrupt. <br />12 Supra. Note 3. <br />4 <br />