Item 4. Controls and Procedures
ITEM 4. CONTROLS AND PROCEDURES
We maintain controls and procedures designed to provide reasonable assurance that information required to be disclosed in the reports we file with the Securities and Exchange Commission (“SEC”) is recorded, processed, summarized and reported within the time periods specified in the rules and forms of the SEC and that such information is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate, to allow for timely decisions regarding required disclosure. As required by Rule 13a-15(b) of the Securities Exchange Act
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of 1934, as amended (the “Exchange Act”), we have evaluated, under the supervision and with the participation of our management, including our Chief Executive Officer and Chief Financial Officer, the effectiveness of the design and operation of our disclosure controls and procedures (as defined in Rule 13a-15(e) or Rule 15d-15(e) of the Exchange Act) as of September 30, 2025. Based on this evaluation, our Chief Executive Officer and Chief Financial Officer concluded that these controls and procedures are effective as of September 30, 2025.
During the quarterly period ended September 30, 2025, there have not been any changes in our internal control over financial reporting (as defined in Rule 13a-15(f) under the Exchange Act) identified in connection with our evaluation that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
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FORWARD-LOOKING STATEMENTS
Certain statements and information in this Quarterly Report on Form 10-Q, and certain oral statements made from time to time by our representatives, constitute “forward-looking statements.” These statements are based on our beliefs as well as assumptions made by, and information currently available to, us. When used in this document, the words “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “forecast,” “foresee,” “may,” “outlook,” “plan,” “project,” “potential,” “should,” “will,” “would,” and similar expressions identify forward-looking statements. Without limiting the foregoing, all statements relating to our future outlook, anticipated capital expenditures, future cash flows and borrowings, and sources of funding are forward-looking statements. These forward-looking statements are based on our current expectations and beliefs concerning future developments and reflect our current views with respect to future events and are subject to numerous assumptions that we believe are reasonable, but are open to a wide range of uncertainties and business risks, and actual results could differ materially from those discussed in these statements. Among the factors that could cause actual results to differ from those in the forward-looking statements are:
● decline in the coal industry’s share of electricity generation, including as a result of environmental concerns related to coal mining and combustion, the cost and perceived benefits of other sources of electricity and fuels, such as oil & gas, nuclear energy, and renewable fuels and the planned retirement of coal-fired power plants in the U.S.;
● our ability to provide fuel for growth in domestic energy demand, should it materialize;
● changes in macroeconomic and market conditions and market volatility, and the impact of such changes and volatility on our financial position;
● changes in global economic and geo-political conditions or changes in industries in which our customers operate;
● changes in commodity prices, demand and availability which could affect our operating results and cash flows;
● the effects of a prolonged government shutdown;
● impacts of geopolitical events, including the conflicts in Ukraine and in the Middle East;
● the severity, magnitude, and duration of any future pandemics and impacts of such pandemics and of businesses’ and governments’ responses to such pandemics on our operations and personnel, and on demand for coal, oil, and natural gas, the financial condition of our customers and suppliers and operators, available liquidity and capital sources and broader economic disruptions;
● actions of the major oil-producing countries with respect to oil production volumes and prices and the direct and indirect impacts over the near and long term on oil & gas exploration and production operations at the properties in which we hold mineral interests;
● changes in competition in domestic and international coal markets and our ability to respond to such changes;
● potential shut-ins of production by the operators of the properties in which we hold oil & gas mineral interests due to low commodity prices or the lack of downstream demand or storage capacity;
● risks associated with the expansion of and investments into the infrastructure of our operations and properties, including the timing of such investments coming online;
● our ability to identify and complete acquisitions and to successfully integrate such acquisitions into our business and achieve the anticipated benefits therefrom;
● our ability to identify and invest in new energy and infrastructure transition ventures;
● the success of our development plans for Matrix Design, and our investments in emerging and other infrastructure and technology companies;
● dependence on significant customer contracts, including renewing existing contracts upon expiration;
● adjustments made in price, volume, or terms to existing coal supply agreements;
● the effects of and changes in trade, monetary and fiscal policies and laws, and the results of central bank policy actions, including interest rates, bank failures, and associated liquidity risks;
● the effects of and changes in taxes or tariffs and other trade measures adopted by the United States and foreign governments, including the imposition of or increase in tariffs on steel and/or other raw materials;
● legislation, regulations, and court decisions and interpretations thereof, both domestic and foreign, including those relating to the environment and the release of greenhouse gases, such as the Environmental Protection Agency’s emissions regulations for coal-fired power plants, and state legislation seeking to impose liability on a wide range of energy companies under greenhouse gas “superfund” laws, mining, miner health and safety, hydraulic fracturing, and health care;
● deregulation of the electric utility industry or the effects of any adverse change in the coal industry, electric utility industry, or general economic conditions;
● investors’ and other stakeholders’ attention to environmental, social, and governance matters;
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● liquidity constraints, including those resulting from any future unavailability of financing;
● customer bankruptcies, cancellations or breaches to existing contracts, or other failures to perform;
● customer delays, failure to take coal under contracts or defaults in making payments;
● our productivity levels and margins earned on our coal sales;
● disruptions to oil & gas exploration and production operations at the properties in which we hold mineral interests;
● changes in equipment, raw material, service or labor costs or availability, including due to inflationary pressures;
● changes in our ability to recruit, hire and maintain labor;
● our ability to maintain satisfactory relations with our employees;
● increases in labor costs, adverse changes in work rules, or cash payments or projections associated with workers’ compensation claims;
● increases in transportation costs and risk of transportation delays or interruptions;
● operational interruptions due to geologic, permitting, labor, weather, supply chain shortage of equipment or mine supplies, or other factors;
● risks associated with major mine-related accidents, mine fires, mine floods, or other interruptions;
● results of litigation, including claims not yet asserted;
● foreign currency fluctuations that could adversely affect the competitiveness of our coal abroad;
● difficulty maintaining our surety bonds for mine reclamation as well as workers’ compensation and black lung benefits;
● difficulty in making accurate assumptions and projections regarding post-mine reclamation as well as pension, black lung benefits, and other post-retirement benefit liabilities;
● uncertainties in estimating and replacing our coal mineral reserves and resources;
● uncertainties in estimating and replacing our oil & gas reserves;
● uncertainties in the amount of oil & gas production due to the level of drilling and completion activity by the operators of our oil & gas properties;
● uncertainties in the future of the electric vehicle industry and the market for EV charging stations;
● the impact of current and potential changes to federal or state tax rules and regulations, including a loss or reduction of benefits from certain tax deductions and credits;
● difficulty obtaining commercial property insurance, and risks associated with our participation in the commercial insurance property program;
● evolving cybersecurity risks, such as those involving unauthorized access, denial-of-service attacks, malicious software, data privacy breaches by employees, insiders or others with authorized access, cyber- or phishing attacks, ransomware, malware, social engineering, physical breaches, or other actions;
● difficulty in making accurate assumptions and projections regarding future revenues and costs associated with equity investments in companies we do not control; and
● other factors, including those discussed in “Item 1A. Risk Factors” and “Item 3. Legal Proceedings” in our Annual Report on Form 10-K for the year ended December 31, 2024.
If one or more of these or other risks or uncertainties materialize, or should our underlying assumptions prove incorrect, our actual results could differ materially from those described in any forward-looking statement. When considering forward-looking statements, you should also keep in mind our risk factors and legal proceedings. Known material factors that could cause our actual results to differ from those in the forward-looking statements are described in “Item 1. Legal Proceedings” and “Item 1A. Risk Factors” below. We disclaim any obligation to update or revise any forward-looking statements or to announce publicly the result of any revisions to any of the forward-looking statements to reflect future events or developments unless required by law.
You should consider the information above when reading or considering any forward-looking statements contained in:
● this Quarterly Report on Form 10-Q;
● other reports filed by us with the SEC;
● our press releases;
● our website www.arlp.com ; and
● written or oral statements made by us or any of our officers or other authorized persons acting on our behalf.
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PART II
OTHER INFORMATION
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.