Overview
Michael Boucher is a partner who advises pesticide, chemical, and consumer product companies on regulatory strategy across complex and evolving federal and state frameworks. His practice is grounded in pesticide regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), with a growing emphasis on how emerging state chemical laws, PFAS-related restrictions, and extended producer responsibility programs—particularly in leading jurisdictions such as California—affect product development, registration, distribution, and continued market access.
Michael helps clients make legally sound and commercially workable decisions in situations where regulatory requirements are unclear, overlapping, or in tension—particularly where state initiatives intersect with established federal pesticide and chemical regulatory frameworks. His practice spans the full lifecycle of regulated products under FIFRA, the Toxic Substances Control Act (TSCA), and related state laws, including advising on how federal chemical regulation interacts with emerging state-level product restrictions, reporting requirements, and market-access constraints. Drawing on deep experience with chemical reporting regimes, confidential business information protections, and federal review processes, he helps clients anticipate how TSCA considerations may influence state-law compliance strategies and vice versa.
His work frequently involves high-impact regulatory questions: whether products can be sold or remain on the market across multiple jurisdictions under changing legal standards; how to manage risks associated with product composition, supply chain inputs, labeling, and claims; and how to respond to agency scrutiny or enforcement activity, including managing related regulatory and product-level liability risks. He represents companies in EPA and state inspections, investigations, subpoenas, and enforcement actions, with a focus on minimizing disruption and mitigating regulatory exposure. He also supports transactions involving pesticide and chemical businesses, providing regulatory diligence and advising on risk allocation and integration strategy.
His experience also includes advising on controlled chemical programs administered by the US Drug Enforcement Administration and analogous state regimes, including California, further reflecting his work across product regulatory frameworks that intersect or operate in parallel. He is a frequent speaker and commentator on pesticide and chemical regulation, including PFAS related issues and the interaction between FIFRA, TSCA, and emerging state level regulatory initiatives.
- District of Columbia
- New York
- US Court of Appeals, Third Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, DC 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
- Advises pesticide manufacturers on how emerging state PFAS restrictions, including in jurisdictions such as Maine and Minnesota, affect product registrations, formulation decisions, and continued market access.
- Guides pesticide and chemical companies through multistate compliance challenges where state chemical laws and product restrictions intersect with FIFRA, including determining whether products can be sold across jurisdictions with inconsistent regulatory frameworks.
- Represents companies in EPA and state inspections and enforcement actions, including responding to subpoenas and information requests and mitigating potential civil penalties.
- Counsels pesticide companies on data development, protection, and compensation strategies under FIFRA, including structuring task forces and negotiating data access and licensing arrangements.
- Advises clients on regulatory diligence in transactions involving pesticide and chemical businesses, including identifying and allocating risks associated with product composition, reporting obligations, and state-law compliance.
Speaking Engagements
- "Fluorinated Pesticides: Overview of State Laws," CropLife America & RISE Regulatory Conference, Arlington, Virginia, May 14, 2026.
- "EPR Litigation: What Members Need to Know Now," Joint Government Relations & Public Policy and Sustainability & Product Stewardship Council Program, Midyear Meeting of the Household & Commercial Products Association, Washington, DC, May 13, 2026.
- "FIFRA Enforcement: E-Commerce, Trends, and Lessons Learned," Antimicrobial Products Division Program, Midyear Meeting of the Household & Commercial Products Association, Washington, DC, May 12, 2026.
- "FIFRA Enforcement in Ten Slides," Antimicrobial Products Division Program, Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, Florida, December 10, 2025
- "Reporting and Recordkeeping," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 1, 2025
- "An Overview of Pesticide Regulation," "Understanding Regulated Products," and "Importing and Exporting Pesticides," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, September 30, 2025
- "Being Prepared for a TSCA Inspections," Society for Chemical Hazard Communication 2025 Annual Meeting, Washington, DC, September 23, 2025
- "Major EPA Actions to Combat PFAS Contamination," PFAS Updates @ Regulatory Summit North America 2025, Alexandria, Virginia, September 18, 2025
- Co-Presenter, "Food Additive, Pesticide, or Both? Understanding FDA and EPA Compliance for Antimicrobials Used in Food and Food-Contact Applications," Household & Commercial Products Association Webinar, May 22, 2025
- Panelist, "New Chemicals," 2025 GlobalChem Conference, Washington, DC, April 15, 2025
- 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
- "Reporting and Recordkeeping," Household & Commercial Products Association’s Annual Pesticide Regulation Workshop, Washington, DC, October 1, 2024
- "An Overview of Pesticide Regulation," "Understanding Regulated Products," and "Importing and Exporting Pesticides," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, September 30, 2024
- "Reporting and Recordkeeping," "Understanding Data Compensation," "Registration Review," and "FIFRA Enforcement," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, September 18, 2024
- "An Overview of Pesticide Regulation," "Understanding Regulated Products," and "Importing and Exporting Pesticides," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, September 17, 2024
- "Strategies for Managing Polychlorinated Biphenyls on Campus," Campus Safety, Health, and Environmental Management Association CSHEMAst Annual 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
- "Reporting and Recordkeeping," "Understanding Data Compensation," "Importing and Exporting Pesticides," "Registration Review," and "FIFRA Enforcement," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 25, 2023
- "An Overview of Pesticide Regulation" and "Understanding Regulated Products," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 24, 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 Products Division Program, Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, Florida, December 6, 2022
- "FIFRA Preemption," Regulatory Affairs Council Meeting, Annual Meeting of the Household & Commercial Products Association, December 6, 2022
- "FIFRA Enforcement" and "Registration Review," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 19, 2022
- "An Overview of Pesticide Regulation," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, 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
- "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
- "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
- "FIFRA Enforcement during a Pandemic," Household & Commercial Products Association Pesticide Regulation Webinar Series, October 14, 2021
- "1,4-Dioxane – Summer Update," Co-Presenter, Household & Commercial Products Association Webinar, August 31, 2021
- "Protective Packaging: Legal Implications," Pest Management Products Division Program, Virtual Midyear Meeting of the Household & Commercial Products Association, May 27, 2021
- "Environmental Investigations," Co-Presenter, Investigations: Readiness and Response Webinar Series, April 30, 2021
- "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
- "1,4-Dioxane – What Now?" Co-Presenter, Household & Commercial Products Association Webinar, March 3, 2021
- "Exporting Pesticides under FIFRA," Household & Commercial Products Association Pesticide Regulations Webinar Series, October 15, 2020
- "The Regulation of Advertising and Claims under FIFRA," Household & Commercial Products Association Pesticide Regulations Webinar Series, October 13, 2020
- "TSCA Litigation Update: Challenges to EPA's Framework Rules," Annual Meeting of the Household & Commercial Products Association, Ft. Lauderdale, Florida, December 9, 2019
- "Non-CPSC Consumer Product Requirements," The Consumer Product Safety Commission from A to Z and Beyond Conference, Bethesda, Maryland, October 29, 2019
- "California's Mill Assessment," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 10, 2019
- "FIFRA Enforcement," Household & Commercial Products Association's Annual Pesticide Regulation Workshop, Washington, DC, October 9, 2019
- "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
- "Explaining TSCA's Place in the Federal System," 2019 GlobalChem Conference, Washington, DC, March 7, 2019
News & Publications
Client Alerts
EPA Issues Final Guidance on Endangered Species Act Reviews for Antimicrobial Pesticides
February 5, 2026
Client Alerts
What Pesticide Registrants Need to Know About EPA’s Proposed Update to PR Notice 98-10
January 22, 2026
Client Alerts
Prepare Now: EPA Launches TSCA CBI Sunset and Resubstantiation Process
January 12, 2026
Media Mentions
Michael Boucher Quoted in Chemical Watch on TSCA Confidentiality Claims Set to Expire
November 19, 2025
Client Alerts
When EPA Steps Back: How States Are Leading Enforcement Amid Deregulation – Prepare Your Company
November 10, 2025
Client Alerts
Self-Audits in Transactional Due Diligence and Enforcement Contexts – Prepare Your Company
October 30, 2025
Media Mentions
Michael Boucher Quoted in Chemical Watch on TSCA Concerns Amid US Government Shutdown
October 28, 2025
Resources
Events
Webinars
Staying Ahead of the Curve on Biocides: US Antimicrobial Pesticide Products
December 17, 2025
Speaker: Michael Boucher
Seminars & Events
EU Chemicals and Sustainability Conference
June 12, 2025
Speakers: Eléonore Mullier, Ruxandra Cana, Michael Boucher
Seminars & Events
Complimentary Food Contact Conference
April 29, 2025 - April 30, 2025
Speakers: Joan Baughan, Daniel C. Rubenstein, Joseph Dages, Kimberly Cassidy, Ph.D., Jessica Cooper, Ph.D., Patricia Kinne, Sarah Owen, Ph.D., DABT, Surya Kundu, Melanie A. Ayerh, Anthony G. Hopp, Michael Boucher, Eléonore Mullier, Tom Gillett
Seminars & Events
EU Chemicals and Sustainability Conference
November 13, 2024
Speakers: Eléonore Mullier, Ruxandra Cana, Michael Boucher
Webinars
PFAS in Your Value Chain with ERM
December 12, 2023
Speakers: Michael Boucher, Kate Sellers and John Hazard
Seminars & Events
Chemicals and Food Contact Seminar
Speakers: Joan Baughan, Michael Boucher, Ruxandra Cana
Noteworthy
Authored Articles
- "Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)," 2024 Pesticides and Chemicals Committee Report, Environment, Energy, and Resources Law: The Year in Review 2024, American Bar Association, 2025 (online only), Co-Author
- "Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)," Environment, Energy, and Resources Law: The Year in Review 2022, at H-11, American Bar Association, 2023. Co-Author.
- Regulation of GHGs as Toxic Substances? That's Not How TSCA Works, Washington Legal Foundation Legal Opinion Letters, August 12, 2022, Co-Author
- "Enforcement," Environment, Energy, and Resources Law: The Year in Review 2019, at H-11, American Bar Association, 2020
- "Pesticides and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),”Environment, Energy, and Resources Law: The Year in Review 2018, at 89, American Bar Association, 2019. Co-Author.
- TSCA Active Substance Reporting: Advice for Importers and Manufacturers, Chemical Watch, September 1, 2017
- "Toxic Substances Control Act," Environmental Law Handbook, 23d ed., Bernan Press, January 1, 2017, Co-Author
- Opportunity for TSCA Reform in the 112th US Congress, Chemical Watch, December 12, 2010, Co-Author
- Pesticide Regulation Handbook, 4thEdition, Government Institutes, January 1, 2007. Co-Editor and Co-Author.
- China's Regulation of Agricultural Biotechnology, Metropolitan Corporate Counsel, December 1, 2006. Co-Author.
- The TSCA Handbook, 4thEdition, Government Institutes, January 1, 2006, Editor and Co-Author
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, Pesticides and Chemicals Committee
- District of Columbia Bar, Environment, Energy, and Natural Resources Community and Administrative Law and Agency Practice Community
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CropLife America Law Committee