Photograph of Michael Boucher

Michael Boucher

Partner


Named a 2018
"Client Service All-Star"
by BTI Consulting Group.


Michael Boucher is a partner in the Environment & Natural Resources Group. His practice focuses on federal and state regulation of chemical and pest control products, including household and commercial products, biological and microbial products, and products of biotechnology and nanotechnology. His practice encompasses all aspects of regulation, compliance, and enforcement under the Toxic Substances Control Act (TSCA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and the Emergency Planning and Community Right-to-Know Act; as well as compliance with California’s Proposition 65.

Michael has represented companies in numerous EPA and state agency inspections and related enforcement actions. He has obtained civil and criminal penalty mitigation under EPA and state agency enforcement policies for intentional and unintentional violations and has helped companies respond to subpoenas, information requests, citizen suits, and citizen petitions. He also provides product regulatory due diligence in acquisitions, divestitures, joint ventures, leveraged buyouts, restructurings, and spin-offs involving chemical and pesticide companies.

Michael has been recognized among BTI Consulting Group's "Client Service All-Stars."

Education

  • Georgetown University, A.B. (1987) magna cum laude, Phi Beta Kappa
  • Georgetown University Law Center, J.D. (1993) John M. Olin Fellowship and Prize in Law and Economics

Affiliations

Professional Activities and Memberships

  • Member, American Bar Association, Section of Environment, Energy, and Resources and Section of Administrative Law and Regulatory Practice
  • Member, District of Columbia Bar, Environment, Energy, and Natural Resources Community and Administrative Law and Agency Practice Community
  • Member, Proposition 65 Clearinghouse Advisory Board

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Practices

Environment and Natural Resources

Litigation & Trial

Life Sciences

Investigations

Environmental and Safety Investigations

Chemicals

Pesticides

Product Risk Management

Proposition 65

Per- and Polyfluoroalkyl Substances (PFAS)

Show more practices…

  • Serving as outside general counsel to the Household & Commercial Products Association in a variety of matters, including chemical, pest control, and consumer product regulation (e.g., PFAS, 1,4-dioxane, volatile organic compounds); litigation; corporate governance; antitrust; employment law; executive compensation; vendor contracts; and political law.
  • Conducting a voluntary self-audit of an electronic materials manufacturer's compliance with TSCA. Discovering, voluntarily disclosing to EPA, and obtaining 100-percent mitigation of penalties for unintentional TSCA violations that occurred during the five-year audit period. By self-auditing, the company is avoiding a potentially large civil monetary penalty under TSCA.
  • Successfully represented a specialty chemical manufacturer in a federal court action to reverse EPA's issuance of a test order to the company under section 4(a)(2) of TSCA and to prevent EPA's issuance of future TSCA test orders to the company for the same chemical substance. 
  • Defended a producer of drinking water preservatives against an allegation by California’s Department of Pesticide Regulation that the company sold a drinking water preservative in violation of labeling requirements established by California’s Food and Agriculture Code. Obtained a three-fourths reduction in the civil monetary penalty paid by the company to settle the allegation.
  • Defended a manufacturer of cleaning products against an allegation by the California Air Resources Board (CARB) that the company sold a disinfecting, sanitizing, and deodorizing product in California in violation of volatile organic compound content limits established by CARB’s General Consumer Products Regulation. Obtained a one-third reduction in the civil monetary penalty paid by the company to settle the allegation.
California Perc Restrictions For Dry Cleaning Start In January Chemical Watch (subscription required) (November 29, 2022)
Press Coverage
TSCA 6(g) Requests Set Stage For Tussles Over Risk Management Exemptions Chemical Watch (subscription required) (November 18, 2022)
Press Coverage
"FIFRA Enforcement," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 19, 2022). Presenter: Michael Boucher.
Speech/Presentation
"Registration Review," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 19, 2022). Co-Presenter: Michael Boucher.
Speech/Presentation
"An Overview of Pesticide Regulation," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 18, 2022). Presenter: Michael Boucher.
Speech/Presentation
"Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, Bethesda, Maryland (September 22, 2022). Presenter: Michael Boucher.
Speech/Presentation
WLF Outlines Legal Case Against TSCA Petition Targeting GHG Emissions Inside EPA (August 19, 2022)
Press Coverage
"Regulation of GHGs as Toxic Substances? That’s Not How TSCA Works.," Washington Legal Foundation Legal Opinion Letters (August 12, 2022). Authors: Michael Boucher, Peter Gray, and Amy Symonds.
Publication
"TSCA 101 Panel," North Carolina Manufacturers Association’s 2022 Environmental, Energy, Health & Safety School, Raleigh, North Carolina (August 4, 2022). Co-Presenter: Michael Boucher.
Speech/Presentation
“Status of First Ten Chemicals Undergoing TSCA Risk Evaluations,” Industrial & Automotive Products Division Program, Midyear Meeting of the Household & Commercial Products Association, Washington, D.C. (May 13, 2022). Presenter: Michael Boucher.
Speech/Presentation

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