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 (EPCRA); 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."
Recent Engagements
- Serving as outside general counsel to the Household and Commercial Products Association in a variety of matters, including chemical, pest control, and consumer product regulation (e.g., ingredient disclosure, 1,4-dioxane, volatile organic compounds); litigation; corporate governance; antitrust; employment law; executive compensation; vendor contracts; and political law.
- Representing a specialty chemical manufacturer in a federal court challenge to EPA's issuance of a test order to the company under section 4(a)(2) of TSCA. Success will avoid significant testing costs for a product that the company previously discontinued in the U.S.
- Defending a producer of drinking water disinfectants against an allegation by California’s Department of Pesticide Regulation that the company sold a drinking water disinfectant in violation of labeling requirements established by California’s Food and Agriculture Code and now owes a large civil monetary penalty.
- Also defending 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 and now owes a significant civil monetary penalty.
- 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.
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
Admitted to practice: District of Columbia, New York, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the D.C. Circuit, Supreme Court of the United States
Professional Activities and Memberships
- Member, American Bar Association, Section of Environment, Energy, and Resources
- Member, Proposition 65 Clearinghouse Advisory Board
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