Overview
Michael Boucher is a partner in the Chemical, Environmental and Life Sciences practice. 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.
- District of Columbia
- New York
- US Court of Appeals, Third Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, D.C. Circuit
- US Court of Appeals, Federal Circuit
- Supreme Court of the United States
- A.B., Georgetown University, 1987, magna cum laude, Phi Beta Kappa
- J.D., Georgetown University Law Center, 1993, John M. Olin Fellowship and Prize in Law and Economics
Areas of Work
Representative Matters
- Advised a producer of polytetrafluoroethylene (PFTE) and PFTE-containing articles about the scope and application of the "known to or reasonably by" reporting standard under TSCA's PFAS Reporting and Recordkeeping Rule.
- Resolved a disagreement between organic certifying agents about whether a producer of edible fruit coatings used on fruit labeled and sold as "organic" needs to be certified as organic under the Organic Foods Production Act and the US Department of Agriculture’s National Organic Program Regulations.
- Counseled a manufacturer of food storage containers about compliance with a Vermont statute restricting intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging.
- Advised a manufacturer of shoe care products about how to obtain a temporary exemption from and otherwise comply with Maine's Act to Stop PFAS Pollution.
- Conducted pre-acquisition due diligence on a target company's line of antimicrobial pesticide products in the United States and Canada.
- Evaluated an electrical equipment manufacturer’s compliance with a TSCA regulation restricting commercial activities with insulated wire containing the flame retardant decabromodiphenyl ether.
- Identified and summarized federal and state laws potentially affecting the importation, sale, distribution, and use in consumer electronics of microchips that contain small quantities of PFAS in an encapsulated form.
Speaking Engagements
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Panelist, "New Chemicals," 2025 GlobalChem Conference, Washington, DC, April 15, 2025
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Panelist, "Regulation of PFAS in the United States," Steptoe EU Chemicals and Sustainability Conference, Brussels, Belgium, November 13, 2024
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Moderator, "Current Federal Insecticide, Fungicide, and Rodenticide Act Enforcement Issues", American Bar Association and CropLife America Annual Developments in Pesticide Law and Policy Conference, Washington, DC, October 29, 2024
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"Strategies for Managing Polychlorinated Biphenyls on Campus," Campus Safety, Health, and Environmental Management Association CSHEMAstAnnual Conference, July 30, 2024.
- "PFAS Reporting Rule," Chemical Watch Events & Training TSCA Developments 2024 Conference, March 5, 2024
- "High-Level Summary of the Toxic Substances Control Act," "Reporting Standard and Confidential Business Information Claims," Household & Commercial Products Association Webinar, A New TSCA CDR Reporting Cycle for 2024, February 8, 2024
- "Preparing for One-Time PFAS Reporting: Regulatory Requirements," Household & Commercial Products Association Webinar, January 10, 2024
- "Regulatory Landscape in the US," "Protecting PFAS Assessment Results Under Privilege," Steptoe LLP, PFAS in Your Value Chain Webinar, December 12, 2023
- "FIFRA Enforcement," American Bar Association's FIFRA 101 CLE Webinar, July 20, 2023
- "Truth in Recycling Advertising: California's Senate Bill 343," Household & Commercial Products Association Webinar, April 27, 2023
- "Case Study: Legal Issues Arising from PFAS Reporting in Maine," Pest Management Division Program, Annual Meeting of the Household & Commercial Products Association, December 6, 2022
- "FIFRA Preemption," Regulatory Affairs Council Meeting, Annual Meeting of the Household & Commercial Products Association, December 6, 2022
- "FIFRA Enforcement," Household & Commercial Products Association’s Annual Pest Management Workshop, October 19, 2022
- "Registration Review," Household & Commercial Products Association’s Annual Pest Management Workshop, October 19, 2022
- "An Overview of Pesticide Regulation," Household & Commercial Products Association's Annual Pest Management Workshop, October 18, 2022
- "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, September 22, 2022
- "TSCA 101 Panel," North Carolina Manufacturers Association's 2022 Environmental, Energy, Health & Safety School, August 4, 2022
- "Status of First Ten Chemicals Undergoing TSCA Risk Evaluations," Industrial & Automotive Products Division Program, May 13, 2022
News & Publications
Media Mentions
Chemical Watch Quotes Michael Boucher on Industry Groups Challenging TSCA Reporting Rule
April 8, 2025
Media Mentions
Chemical Watch Quotes Michael Boucher on Shifts to US Chemical Regulation Under President Trump
November 8, 2024
Media Mentions
Michael Boucher Quoted in Article About EPA's Plans for New TSCA Exception Rule
July 16, 2024
Media Mentions
Michael Boucher Quoted in an Article about Citizen Enforcement of TSCA Violations by US NGO
June 25, 2024
Media Mentions
Michael Boucher Quoted in Article about TSCA Asbestos Risk Management Lawsuits
April 22, 2024
Media Mentions
Chemical Watch Quotes Michael Boucher in Article about TSCA Risk Evaluation of Vinyl Chloride
February 28, 2024
Media Mentions
Enhesa Quotes Michael Boucher about US EPA's Collecting Allegations Under TSCA § 8(C)
January 16, 2024
Media Mentions
December 1, 2023
Resources
Events
Seminars & Events
EU Chemicals and Sustainability Conference
November 13, 2024
Speakers: Eléonore Mullier, Ruxandra Cana, Michael Boucher, Dennis Raglin
Webinars
PFAS in Your Value Chain with ERM
Cost-Effective Strategies for Compliance with the New TSCA PFAS Reporting Rule, TRI Disclosure, and State Programs While Protecting Your Business
December 12, 2023
Speakers: Michael Boucher, Kate Sellers and John Hazard
Noteworthy
Authored Articles
- Pesticides, Chemical Regulation, and Right-to-Know Committee Report, American Bar Association, May 24, 2023
- Regulation of GHGs as Toxic Substances? That’s Not How TSCA Works, Washington Legal Foundation Legal Opinion Letters, August 12, 2022
- Enforcement, Environment, Energy, and Resources Law: The Year in Review 2019m at H-11, January 1, 2020
- Pesticides and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Environment, Energy, and Resources Law: The Year in Review 2018, at 89, July 10, 2019
- TSCA Active Substance Reporting: Advice for Importers and Manufacturers, Chemical Watch, September 1, 2017
- Environmental Law Handbook, (23d ed.), Bernan Press, January 1, 2017
- Opportunity for TSCA Reform in the 112th US Congress, Chemical Watch, December 1, 2010
- Pesticide Regulation Handbook, 4thEdition, Government Institutes, January 1, 2007
- China's Regulation of Agricultural Biotechnology, Metropolitan Corporate Counsel, December 1, 2006
- The TSCA Handbook, 4thEdition, Government Institutes, January 1, 2006
Media Mentions
- "Washington State PCB Bill Dodges TSCA Preemption Clash," Chemical Watch, May 1, 2023
- "What Implications Could A US EPA Lawsuit Have For The TSCA Programme?" Chemical Watch, February 16, 2023
- "California Perc Restrictions For Dry Cleaning Start In January," Chemical Watch, November 29, 2022
- "TSCA 6(g) Requests Set Stage For Tussles Over Risk Management Exemptions," Chemical Watch, November 18, 2022
- "WLF Outlines Legal Case Against TSCA Petition Targeting GHG Emissions," Inside EPA, August 19, 2022
- "Trade Groups Object to Revoking TSCA Inventory Corrections Guidance," Chemical Watch, April 13, 2022
- "Abolishing TSCA Corrections Process Raises Enforcement Concerns," Chemical Watch, March 24, 2022
- "Missed TSCA Deadlines Could Add to Industry and NGO Uncertainty," Chemical Watch, June 18, 2020 |
- "EPA Watchdog Calls for Enforcement Office Sign-Off on TSCA Consent Orders," Chemical Watch, June 2, 2020
- "California, US EPA Spar Over Prop 65 Warnings," Chemical Watch, August 15, 2019
Professional Affiliations
- American Bar Association, Section of Environment, Energy, and Resources and Section of Administrative Law and Regulatory Practice
- District of Columbia Bar, Environment, Energy, and Natural Resources Community and Administrative Law and Agency Practice Community
- Proposition 65 Clearinghouse Advisory Board