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
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • Supreme Court of the United States

Michael Boucher

Partner
mboucher@crowell.com
+1.202.624.2787
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."


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

Representative Matters

  • 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.

Speeches & Presentations

  • "FIFRA Enforcement," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 19, 2022). Presenter: Michael Boucher.
  • "Registration Review," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 19, 2022). Co-Presenter: Michael Boucher.
  • "An Overview of Pesticide Regulation," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 18, 2022). Presenter: Michael Boucher.
  • "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.
  • "TSCA 101 Panel," North Carolina Manufacturers Association’s 2022 Environmental, Energy, Health & Safety School, Raleigh, North Carolina (August 4, 2022). Co-Presenter: Michael Boucher.
  • “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.
  • "Multi-Party Interests in Data: Task Forces & Other Business Arrangements," Pesticide Data Compensation and Protection in a Global Marketplace Workshop, Cary, North Carolina (April 7, 2022). Presenter: Michael Boucher.
  • "Data Protection in Canada under the Pest Control Products Act," Pesticide Data Compensation and Protection in a Global Marketplace Workshop, Cary, North Carolina (April 7, 2022). Presenter: Michael Boucher.
  • "FIFRA Enforcement during a Pandemic," Household & Commercial Products Association Pesticide Regulation Webinar Series (October 14, 2021). Presenter: Michael Boucher.
  • "1,4-Dioxane – Summer Update" Household & Commercial Products Association Webinar (August 31, 2021). Co-Presenter: Michael Boucher.
  • "Protective Packaging: Legal Implications," Pest Management Products Division Program, Virtual Midyear Meeting of the Household & Commercial Products Association (May 27, 2021). Presenter: Michael Boucher.
  • "Environmental Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Co-Presenters: Michael Boucher, Derek A. Hahn, Byron R. Brown, and Paul Freeman.
  • “EPA’s Regulation of Product Claims on the Internet under FIFRA,” Household & Commercial Products Association Advanced Topics in Product Labeling Webinar Series (April 15, 2021). Presenter: Michael Boucher.
  • "1,4-Dioxane – What Now?" Household & Commercial Products Association Webinar (March 3, 2021). Co-Presenter: Michael Boucher.
  • "Exporting Pesticides under FIFRA," Household & Commercial Products Association Pesticide Regulations Webinar Series (October 15, 2020). Presenter: Michael Boucher.
  • "The Regulation of Advertising and Claims under FIFRA," Household & Commercial Products Association Pesticide Regulations Webinar Series (October 13, 2020). Presenter: Michael Boucher.
  • "TSCA Litigation Update: Challenges to EPA’s Framework Rules," Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, Florida (December 9, 2019). Presenter: Michael Boucher.
  • "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, Bethesda, Maryland (October 29, 2019). Presenter: Michael Boucher.
  • "California’s Mill Assessment," Household & Commercial Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 10, 2019). Presenter: Michael Boucher.
  • "FIFRA Enforcement," Household & Commercial 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, California (September 23, 2019). Presenter and Panelist: Michael Boucher.
  • "Explaining TSCA’s Place in the Federal System," 2019 GlobalChem Conference, Washington, D.C. (March 7, 2019). Presenter and Panelist: Michael Boucher.
  • "Social Media: Avoiding Trouble with FIFRA," Legal Track Program, Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, Florida (December 3, 2018). Presenter: Michael Boucher.
  • "Section 8(a) PAIR and Section 8(d) Health & Safety Data Reporting Rule," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (May 24, 2018). Presenter: Michael Boucher.
  • "TSCA Sections 8(c) and 8(e)," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (May 24, 2018). Presenter: Michael Boucher.
  • "Implementation of the Lautenberg Chemical Safety Act," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (May 24, 2018). Presenter: Michael Boucher.
  • "Regulation of New Chemicals and New Uses under TSCA," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (May 23, 2018). Presenter: Michael Boucher.
  • "Introduction to TSCA," The Annual Toxic Substances Control Act Seminar (May 23, 2018). Presenter: Michael Boucher.
  • "Premanufacture Notices," The Annual Toxic Substances Control Act Seminar, Washington, D.C. (May 23, 2018). Presenter: Michael Boucher.
  • "Data Protection in Canada under the Pest Control Products Act," Pesticide Data Compensation and Protection in a Global Marketplace Workshop, Cary, North Carolina (April 5, 2018). Presenter: Michael Boucher.
  • "Chemical Regulations and Issues for Product Companies: The Lawyer’s Perspective," Exponent Webinar (March 13, 2018). Co-Presenter: Michael Boucher.
  • "Beyond the First Year - Regulation in the Trump Era," Crowell & Moring Webinar (February 28, 2018). Co-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 Conference 2018, New Orleans, Louisiana (February 5, 2018). Presenter: Michael Boucher.
  • "Implementation of the Lautenberg Chemical Safety Act," Chemical Daily Co., Ltd. TSCA Seminar, Tokyo, Japan (October 5, 2017). Presenter: Michael Boucher.
  • "Implementation of the Lautenberg Chemical Safety Act," Midyear Meeting of the Household & Commercial Products Association, National Harbor, Maryland (May 16, 2017). 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.
  • "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.
  • “Preparing for Modernization of the Toxic Substances Control Act,” Annual Meeting of the New York State Bar Association, New York, New York (January 27, 2017). Presenter: Michael Boucher.
  • "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, Bethesda, Maryland (October 26, 2016). Presenter: Michael Boucher.
  • “U.S. State Regulation of Chemicals after the Lautenberg Chemical Safety Act,” ChemCon the Americas Conference 2016, Toronto, Canada (October 18, 2016). Presenter: Michael Boucher.
  • “Overview of the Lautenberg Chemical Safety Act,” Chemical Daily Co., Ltd. TSCA Seminar, Tokyo, Japan (September 29, 2016). Presenter: Michael Boucher.
  • “The New Updates to TSCA,” Household & Commercial Products Association Webinar (June 20, 2016). Co-Presenters: Michael Boucher and Amy Symonds.
  • "Pesticide Data Protection Program in Canada," Pesticide Data Compensation in 2015: The Fundamentals and More Workshop, Cary, North Carolina (May 28, 2015). Presenter: Michael Boucher.
  • "Pesticidal Devices: A Legal Perspective," Antimicrobial Products Division Program, Annual Meeting of the Consumer Specialty Products Association, Ft. Lauderdale, Florida (December 9, 2014). Presenter: Michael Boucher.
  • "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, Bethesda, Maryland (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," ChemCon the Americas Conference 2010, Philadelphia, Pennsylvania (November 8, 2010). Presenter: Michael Boucher.
  • "TSCA Reform: Update and Overview," Society for Chemical Hazard Communication Fall Meeting 2010, Arlington, Virginia (October 6, 2010). Presenter: Michael Boucher.
  • "Summary of Microbial Commercial Activity Notice Requirements under TSCA," Chemical Notification World Summit 2009, Arlington, Virginia (September 15, 2009). Presenter: Michael Boucher.
  • "Chemical Management Update: USA, Canada, and California," Chemical Daily Co., Ltd. Toward TSCA Amendment Seminar, 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 Webinar, Washington, D.C. (April 15, 2009). Presenter: Michael Boucher.
  • "General Certifications of Conformity," Spring 2009 Meeting of the Southern Aerosol Technical Association, Atlanta, Georgia (March 26, 2009). Presenter: Michael Boucher.
  • "Regulation of Claims for Antimicrobial Consumer Products," IntertechPira Antimicrobials in Consumer Applications Conference, Tampa, Florida (November 17, 2008). Presenter: Michael Boucher.

Publications

  • "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.
  • "Enforcement," Environment, Energy, and Resources Law: The Year in Review 2019, at H-11 (Am. Bar Ass’n, 2020). Author: Michael Boucher.
  • "Pesticides and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)," Environment, Energy, and Resources Law: The Year in Review 2018, at 89 (Am. Bar Ass’n, 2019). Authors: Michael Boucher and Elizabeth B. Dawson.
  • "TSCA Active Substance Reporting: Advice for Importers and Manufacturers," Chemical Watch (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," Chemical Watch (December 2010/January 2011). Co-Author: 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


Press Coverage


Firm News & Announcements

April 6, 2018 Crowell & Moring Partner Michael Boucher Recognized as a BTI Consulting Group "2018 Client Service All-Star"
December 6, 2017 Experienced Environmental Lawyer Michael Boucher Joins Crowell & Moring