Photograph of Michael Boucher

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

Admissions

  • District of Columbia
  • New York
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, where his practice focuses on chemical, pesticide, and consumer product regulation.

Mr. Boucher advises and represents manufacturers, distributors, and retailers with respect to federal and state regulation of basic and specialty chemicals and agricultural, institutional, and household pesticides; federal and state inspections and enforcement actions under chemical and pesticide laws; voluntary auditing of compliance with, including voluntary disclosures of non-compliance with, federal and state chemical and pesticide laws; development and implementation of systems for managing compliance with federal and state chemical and pesticide laws; federal agency rulemaking and litigation; environmental marketing claims; pre- and post-acquisition chemical and pesticide regulatory due diligence; chemical and pesticide data task force formation and administration; and international agreements regulating chemicals and pesticides.

Mr. Boucher also counsels consumer product manufacturers about voluntary and mandatory consumer product recalls; consumer product take-back and recycling; consumer product hazard, defect, and incident reporting; consumer product safety standards; classification, packaging, and labeling requirements for consumer products; federal and state regulation of advertising and claims for consumer products; and consumer product warranties.

In addition, Mr. Boucher lectures regularly on chemical, pesticide, and consumer product regulation and enforcement.

Representative Engagements

  • Defense counsel in 31 U.S. Environmental Protection Agency (EPA), California, New York, and Texas pesticide enforcement cases involving pesticide imports, treated articles, pesticidal devices, R&D pesticides, supplemental distribution of subregistered/distributor products, intermediate pesticides undergoing further production, and hospital disinfectants tested under EPA’s Antimicrobial Testing Program.
  • Defense counsel in seven TSCA inspections by EPA Headquarters and EPA Regions 2, 4, and 5.
  • Counsel for voluntary and mandatory consumer product recalls of antimicrobial computer keyboards and mice, bedbug traps, contact adhesives, electrical coatings, flea-and-tick treatments, germicidal footwear, healthcare plumbing fixtures, marine sealants, and mold-resistant building products.
  • Counsel for a Congressional investigation into the alleged development, manufacture, and processing of persistent, bioaccumulative, and toxic chemicals.
  • Product regulatory due diligence for seven pesticide and chemical company acquisitions, one divestiture, one joint venture, one leveraged buyout, one restructuring, and one spin-off.
  • Successful prosecution of multiparty administrative proceeding before EPA’s Office of Pesticide Programs to compel the registration of ammonia used with chlorine to disinfect process water at pulp and paper mills.
  • Response to California Department of Toxic Substances Control’s data call-in for carbon nanotubes.
  • Voluntary audit of corporate family’s compliance with sections 302, 311/312, and 313 of the Emergency Planning and Community Right-to-Know Act at 24 industrial facilities in 11 states.


Affiliations

Admitted to practice: District of Columbia, New York, Supreme Court of the United States

Professional Activities and Memberships

  • Member, American Bar Association, Section of Environment, Energy, and Resources


Speeches & Presentations

  • "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

  • "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.


Firm News & Announcements

Dec.06.2017 Experienced Environmental Lawyer Michael Boucher Joins Crowell & Moring