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Arch Coal, Inc. (Form: 8-K)  

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

     
Date of Report (Date of Earliest Event Reported):   May 27, 2009

Arch Coal, Inc.
__________________________________________
(Exact name of registrant as specified in its charter)

     
Delaware 1-13105 43-0921172
_____________________
(State or other jurisdiction 		_____________
(Commission 		______________
(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
One CityPlace Drive, Suite 300, St. Louis, Missouri   63141
_________________________________
(Address of principal executive offices) 		  ___________
(Zip Code)
     
Registrant’s telephone number, including area code:   (314) 994-2725

Not Applicable
______________________________________________
Former name or former address, if changed since last report

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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Item 7.01 Regulation FD Disclosure.

On May 27, 2009, Arch Coal, Inc. issued a press release announcing that it had received a request for additional information from the Federal Trade Commission in connection with its planned acquisition of the Jacobs Ranch mine from Rio Tinto. A copy of the press release is attached hereto as Exhibit 99.1.





Item 9.01 Financial Statements and Exhibits.

The following exhibit is attached hereto and filed herewith.

Exhibit No. Description
99.1 Press Release dated May 27, 2009





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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
    Arch Coal, Inc.
          
May 27, 2009   By:   John T. Drexler
       
        Name: John T. Drexler
        Title: Senior Vice President - Chief Financial Officer

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Exhibit Index


     
Exhibit No.   Description
 
99.1
  Press Release dated May 27, 2009
EX-99.1

News from
Arch Coal, Inc.

FOR FURTHER INFORMATION:
Deck Slone (314) 994-2717

FOR IMMEDIATE RELEASE

Arch Coal Receives Request for Additional Information
Regarding the Jacobs Ranch Transaction

ST. LOUIS (May 27, 2009) – Arch Coal, Inc. (NYSE:ACI) announced today that it had received a request for additional information (commonly known as a “Second Request”) from the Federal Trade Commission (“FTC”) in connection with its planned acquisition of the Jacobs Ranch mine from Rio Tinto. The effect of the Second Request is to extend the waiting period imposed by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) until 30 days after Arch Coal and Rio Tinto have substantially complied with the request, unless that period is extended voluntarily by the parties or terminated sooner by the FTC.

“We believe the Jacobs Ranch acquisition is pro-competitive, and we are confident that it will create substantial value for customers and shareholders alike once completed,” said Steven F. Leer, Arch’s chairman and chief executive officer.

Arch Coal announced its intention to acquire Jacobs Ranch on March 9 and made its initial HSR Act filing on April 23.

St. Louis-based Arch Coal is one of the largest U.S. coal producers, with revenues of $3.0 billion in 2008. Through its national network of mines, Arch supplies cleaner-burning, low-sulfur coal to U.S. power producers to fuel roughly 6 percent of the nation’s electricity. The company also ships coal to domestic and international steel manufacturers as well as international power producers.

# # #

Forward-Looking Statements: This press release contains “forward-looking statements” – that is, statements related to future, not past, events. In this context, forward-looking statements often address our expected future business and financial performance, and often contain words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “seeks,” or “will.” Forward-looking statements by their nature address matters that are, to different degrees, uncertain. For us, particular uncertainties arise from changes in the demand for our coal by the domestic electric generation industry; from legislation and regulations relating to the Clean Air Act and other environmental initiatives; from operational, geological, permit, labor and weather-related factors; from fluctuations in the amount of cash we generate from operations; from future integration of acquired businesses; and from numerous other matters of national, regional and global scale, including those of a political, economic, business, competitive or regulatory nature. These uncertainties may cause our actual future results to be materially different than those expressed in our forward-looking statements. We do not undertake to update our forward-looking statements, whether as a result of new information, future events or otherwise, except as may be required by law. For a description of some of the risks and uncertainties that may affect our future results, you should see the risk factors described from time to time in the reports we file with the Securities and Exchange Commission.