Document 44zRVQV3908xgLnnVoOqeRQEx

Message From: Sent: To: CC: Subject: von Schaumburg, Kenneth [kvonschaumburg@clarkhill.com] 7/31/2018 10:43:10 PM Bodine, Susan [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=8c2cc6086fcc44c3be6b5d32b262d983-Bodine, Sus] Beck, Nancy [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=168ecb5184ac44de95a913297f353745-Beck, Nancy] RE: Earth Science Laboratories/Request for Meeting Tom Charlton is the lead. Tom Charlton, Attorney Waste and Chemical Enforcement Division Office of Civil Enforcement U.S. Environmental Protection Agency Tel: (202) 564-6960 Fax: (202) 564-0035 Kenneth von Schaumburg C l a r k H i l l p l c __________________________ j Ex. 6 kvonschaumburg@clarkhNi.com \ www.clarkhill.com From: von Schaumburg, Kenneth Sent: Tuesday, July 31, 2018 5:05 PM To: Bodine, Susan Cc: Beck, Nancy Subject: Re: Earth Science Laboratories/Request for Meeting HQ. Brian Dyer/Tony Kish. Kenneth von Schaumburg Clark Hill PLC j Ex76 ] On Jul 31, 2018, at 7:21 AM, Bodine, Susan <bodine.susan(S>epa.gov>wrote: What Region? Sent from my iPad On Jul 30, 2018, at 6:16 PM, von Schaumburg, Kenneth <kvonschaumburg@clarkhill.com>wrote: Assistant Administrator Susan Bodine and Acting Assistant Administrator Nancy Beck- Clark Hill represents Earth Science Laboratories ("ESL") in its defense of a U.S. Environmental Protection Agency ("EPA") Federal Insecticide, Fungicide, and Rodenticide ("FIFRA") enforcement action. Negotiations to resolve the matter have come to a critical deadlock and we therefore respectfully request a meeting with you as soon as one can be coordinated and arranged. Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00046551-00001 As background, ESL is a small business that manufacturers copper-based algaecides for use in, among other uses, swimming pools. EPA is alleging 940 FIFRA violations and is demanding a $200,000 payment for settlement. Despite providing EPA with significant factual information and legal analysis contradicting EPA position, ESL is now being forced to choose between paying this civil penalty or defending an administrative civil penalty proceeding (an equally expensive option). The cost of either option is likely to bankrupt the company. This Elobson's choice is even more troubling because the only explanation of the basis for the $200,000 civil penalty is that EPA "continues to reject these arguments as a legal matter." EPA has never responded to the extensive factual documentation that demonstrates such an enormous penalty is unwarranted. Further, EPA has never articulated what the 940 FIFRA violations entail or how the penalty was calculated. We are prepared to provide you with additional information prior to meeting. Thank you in advance of your consideration, Kenneth von Schaumburg Clark Hill plc________________________________ 1001 Pennsylvania Ave. NWJ Suite 1300 South |Washington DC 20004 f Exi'e i kvonschaumburg@clarkhill.com |www.clarkhill.com This email message and any attachments are confidential and may be privileged. I f you are not the intended recipient, please notify us immediately by reply email and destroy all copies o f this message and any attachments. Please do not copy, forward, or disclose the contents to any other person. Thank you. Sierra Club v. EPA 18cv3472 NDCA Tier 12 ED 002061 00046551-00002