Michael Boucher

,
 Partner Washington, D.C.
mboucher@crowell.com
Phone: +1 202.624.2787
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

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

Mr. Boucher has represented companies in numerous EPA inspections and related enforcement actions. He has obtained civil and criminal penalty mitigation under EPA enforcement policies for hundreds of intentional and unintentional violations and has helped companies respond to EPA subpoenas for information, citizen suits, and citizen petitions. Mr. Boucher also has provided product regulatory due diligence in a variety of pesticide and chemical company acquisitions, divestitures, joint ventures, leveraged buyouts, restructurings, and spin-offs.

In 2018, Mr. Boucher was named a BTI “Client Service All-Star.”

Representative Engagements

  • Defended a producer of pesticide products in a $1.8 million civil penalty action by EPA under FIFRA.
  • Represented a manufacturer of pigments and an importer and processor of agricultural chemicals in neutral scheme inspections conducted by EPA under TSCA.
  • Represented a California pesticide product registrant in a random mill assessment and compliance audit conducted by California’s Department of Pesticide Regulation under the state’s Food and Agriculture Code.
  • Advised an e-commerce retailer about how to comply with a stop sale, use, and removal order issued by EPA under FIFRA.


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


Speeches & Presentations

  • "California’s Mill Assessment," Household & Consumer Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 10, 2019). Presenter: Michael Boucher.
  • "FIFRA Enforcement," Household & Consumer Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 9, 2019). Presenter: Michael Boucher.
  • "The Toxic Substances Control Act (TSCA) in Ten Slides," What’s New with TSCA and How Does It Intersect with California’s Chemical Regulations, Proposition 65 Clearinghouse Annual Conference, San Francisco, CA (September 23, 2019). Presenter and Panelist: Michael Boucher.
  • "Explaining TSCA’s Place in the Federal System," Explaining TSCA Implementation and Communicating Success, American Chemistry Council’s Annual GlobalChem Conference, Washington, D.C. (March 7, 2019). Presenter and Panelist: Michael Boucher.
  • "Social Media: Avoiding Trouble with FIFRA," Legal Track Session Two, Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, FL (December 3, 2018). Presenter: Michael Boucher.
  • "Data Compensation in Canada," Pesticide Data Compensation and Protection in a Global Marketplace, Crowell & Moring Workshop, Cary, NC (April 5, 2018). Presenter: Michael Boucher.
  • "Chemical Regulations and Issues for Product Companies: The Lawyer’s Perspective," Exponent Webinar (March 13, 2018). Presenters: Kevin C. Mayer and Michael Boucher.
  • "Beyond the First Year - Regulation in the Trump Era," Crowell & Moring Webinar (February 28, 2018). Presenters: Thomas A. Lorenzen, James G. Flood, W. Scott Douglas, Christine M. Clements, Jodi G. Daniel, Robert Meyers, Michael Boucher, Daniel Cannistra, Jennifer A. Ray, Maarten Stassen, Jenny E. Cieplak, and Matthew B. Welling.
  • "Current Status of and Issues Raised by Legal Challenges to EPA’s TSCA Framework Rules," ChemCon the Americas 2018: Seminar 1 - The Amended TSCA, New Orleans, LA (February 5, 2018). Presenter: Michael Boucher.
  • "Regulation of Nanomaterials," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 26, 2017). Presenter: Michael Boucher.
  • "Section 8(a) Chemical Data Reporting Rule," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 26, 2017). Presenter: Michael Boucher.
  • "Section 8(a) Preliminary Assessment Information Rule and Section 8(d) Health and Safety Data Reporting Rule," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 26, 2017). Presenter: Michael Boucher.
  • "Implementation of the Lautenberg Chemical Safety Act," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 26, 2017). Presenter: Michael Boucher.
  • "Regulation of New Chemicals and New Uses," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 25, 2017). Presenter: Michael Boucher.
  • "Introduction to TSCA," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 25, 2017). Presenter: Michael Boucher.
  • "Testing under TSCA," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 25, 2017). Presenter: Michael Boucher.
  • "Regulation of Existing Chemicals," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (April 25, 2017). Presenter: Michael Boucher.
  • "Pesticidal Devices: A Legal Perspective," Pesticidal Devices: The New Frontier, presented by the Consumer Specialty Products Association, Ft. Lauderdale, FL (December 9, 2014). Presenter: Michael Boucher.
  • "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z, presented by Consumer Specialty Products Association, Bethesda, MD (June 4, 2014). Presenter: Michael Boucher.
  • "California's Green Chemistry Initiative," Chemical Daily Co., Ltd.: TSCA Seminar, Tokyo, Japan (February 19, 2013). Presenter: Michael Boucher.
  • "Status of Efforts to Modernize TSCA," Chemical Daily Co., Ltd.: TSCA Seminar, Tokyo, Japan (February 19, 2013). Presenter: Michael Boucher.
  • "EPA's Management of Chemicals under Existing TSCA Authorities," Chemical Daily Co., Ltd.: TSCA Seminar, Tokyo, Japan (February 19, 2013). Presenter: Michael Boucher.
  • "TSCA Reform: Update and Overview," Society for Chemical Hazard Communication Fall Meeting 2010, Arlington, VA (October 6, 2010). Presenter: Michael Boucher.
  • "Summary of Microbial Commercial Activity Notice Requirements under TSCA," Chemical Notification World Summit 2009, Arlington, VA (September 15, 2009). Presenter: Michael Boucher.
  • "Chemical Management Update: USA, Canada, and California," Chemical Daily Co., Ltd.: Toward TSCA Amendment, Tokyo, Japan (September 14, 2009). Presenter: Michael Boucher.
  • "After the Data Call-Ins: Possible Next Steps in the Regulation of Chemical Nanotechnology," Nanomaterial Data Call-ins and their Regulatory and Enforcement Implications, Washington, D.C. (April 15, 2009). Presenter: Michael Boucher.
  • "General Certifications of Conformity," Southern Aerosol Technical Association Spring 2009 Meeting, Atlanta, GA (March 26, 2009). Presenter: Michael Boucher.
  • "Regulation of Claims for Antimicrobial Consumer Products," IntertechPira Antimicrobials in Consumer Applications Conference, Tampa, FL (November 17, 2008). Presenter: Michael Boucher.


Publications

  • "Pesticides and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)" Environment, Energy, and Resources Law: The Year in Review 2018 89 (Am. Bar Ass’n, 2019). Authors: Michael Boucher and Elizabeth B. Dawson.
  • "TSCA Active Substance Reporting: Advice for Importers and Manufacturers," ChemicalWatch (September 1, 2017). Author: Michael Boucher.
  • "Environmental Law Handbook," (23d ed.), Bernan Press (January 1, 2017). Co-Author: Michael Boucher.
  • "Opportunity for TSCA Reform in the 112th US Congress," ChemicalWatch (December 2010/January 2011). Co-Author: Michael Boucher.
  • "TSCA Reform: Update and Overview," ChemCon the Americas Conference 2010, Philadelphia, PA (November 8, 2010). Presenter: Michael Boucher.
  • "Pesticide Regulation Handbook," 4th Edition (January 1, 2007). Co-Editor and Co-Author: Michael Boucher.
  • "China's Regulation of Agricultural Biotechnology," Metropolitan Corporate Counsel (December 2006). Co-Author: Michael Boucher.
  • "The TSCA Handbook," 4th Edition, Government Institutes (January 1, 2006). Co-Author: Michael Boucher.


Client Alerts & Newsletters



In the News



Firm News & Announcements

Apr.06.2018 Crowell & Moring Partner Michael Boucher Recognized as a BTI Consulting Group "2018 Client Service All-Star"
Dec.06.2017 Experienced Environmental Lawyer Michael Boucher Joins Crowell & Moring