U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON D.C. 20549 SEC File #
0-6088
FORM 12b-25
NOTIFICATION OF LATE FILING Cusip #
270312200
Form 10-KSB [X] Form 20-F [ ] Form 11-K [ ] Form 10-QSB [ ] Form N-SAR
For Period Ended: December 31, 1999
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[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form N-SAR
For the Transition Period Ended: ________________________
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If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates:
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PART I - REGISTRANT INFORMATION
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Full Name of Registrant:
EARTH SCIENCES, INC.
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Former Name if Applicable
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Address of Principal Executive Office (Street and Number)
8100 SouthPark Way, B-2
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City, State, Zip Code Littleton, CO 80120
PART II - RULES 12b-25 (b) AND (c)
If the subject report could not be filed without unreasonable effort or
expense and the registrant seeks relief pursuant to Rule 12b-25(b), the
following should be completed. (Check box if appropriate)
XX (a) The reasons described in reasonable detail in Part III of this form
-- could not be eliminated without unreasonable effort or expense;
(b) The subject annual report on Form 10-KSB will be
XX filed on or before the fifteenth calendar day following the prescribed
-- due date; and
(c) The accountant's statement or other exhibit required by Rule 12b-25(c)
XX has been attached if applicable.
--
<PAGE>
PART III - NARRATIVE
State below in reasonable detail the reasons why Form 10-KSB could not be filed
within the prescribed time period.
The Company will be unable to file its Form 10-KSB for the year ended
December 31, 1999 by March 30, 2000 as a result of the time required for its
accountants to complete their examination and issue their opinion on the
Company's consolidated financial statements.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification:
Mark H. McKinnies 303 734-1727
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(Name) (Area Code) (Telephone No.)
(2) have all other periodic reports required under section 13 or 15(d) of
the Securities Exchange Act of 1934 or section 30 of the Investment Company
Act of 1940 during the preceding 12 months or for such shorter period that
the registrant was required to file such report(s) been filed? If the
answer is no, identify report(s).
[x]Yes [ ]No
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(3) Is it anticipated that any significant change in results of operations
from the corresponding period for the last fiscal year will be reflected by
the earnings statements to be included in the subject report or portion
thereof?
[x]Yes [ ]No
If so, attach an explanation of the anticipated change, both narratively and
quantitatively, and, if appropriate, state the reasons why a reasonable estimate
of the results cannot be made.
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EXPLANATION OF ANTICIPATED CHANGES IN RESULTS OF OPERATIONS
Management expects to report a net loss of $6,845,000 in 1999 as compared to
$5,440,000 in 1998. There are three reasons for the increase in the net loss.
1) The Company idled it solvent extraction plant in Calgary, as
previously disclosed.
2) The Company wrote-off certain previously deferred exploration and
development costs in the amount of $1,223,000 due to a change in
accounting principle that is inseparable from a change in accounting
estimate, as previously disclosed,
3) The Company adopted SOP 98-5 and accordingly incurred a one-time non-
cash write-off of $2,603,000 for previously capitalized start up costs
in the fourth quarter of 1999.
These items were partially offset by improved operations at the Company's ADA
subsidiary.
EARTH SCIENCES, INC.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: March 29, 2000 By: /s/ Mark H. McKinnies
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Mark H. McKinnies, President and Chief
Financial Officer
March 28, 2000
Securities and Exchange Commission
Washington, D.C. 20549
RE: Earth Sciences, Inc.
Gentlemen:
We confirm that the audit of Earth Sciences, Inc. is not yet completed and
cannot be completed by the required filing date of March 30, 2000 without
unreasonable cost and effort.
Sincerely,
/s/ Hein + Associates LLP
HEIN + ASSOCIATES LLP
