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Peabody Energy Stipulation Approved

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Peabody Energy filed with the U.S. Bankruptcy Court a stipulation between (1) the Company and (2) Sierra Club and WildEarth Guardians (collectively the “Environmental Groups”).

According to documents filed with the Court, “The Environmental Groups agree that they shall withdraw their request for vacatur of the Wright Area Leases before the 10th Circuit, and further agree that they shall not argue for such relief at the Oral Argument; provided, however, that such withdrawal shall not affect the remaining relief sought by the Environmental Groups in the Action and in the Appeal, and further provided, that the Environmental Groups have the right to seek a judicial decision vacating the Wright Area Leases upon the dismissal of, or effective date of a chapter 11 plan in, the Debtors’ chapter 11 cases; provided, however, that this Stipulation shall not constitute a waiver by the Debtors of any defenses or arguments challenging such an action on jurisdictional or other grounds. In lieu of filing an amended Reply Brief in the Appeal, the Environmental Groups shall be permitted to file a copy of this Stipulation with the 10th Circuit, indicating the withdrawal of their request for vacatur. The Environmental Groups shall file any other notices or pleadings required by the 10th Circuit to confirm such withdrawal. In consideration of the foregoing, the Debtors agree that they shall not seek to have the Oral Argument continued, cancelled or stayed absent the prior written consent of the Environmental Groups.”

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