Michael Buschbacher is counsel at Boyden Gray & Associates, where he focuses on litigating complex and novel issues of environmental, administrative, and constitutional law, as well as advising clients on a wide variety of cutting-edge regulatory issues.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There he advised senior Department leadership on the Division’s highest-profile environmental and regulatory matters, served as lead counsel on a number of lawsuits and negotiations, and was the principal drafter of significant policy memoranda setting forth the proper scope and procedure for environmental enforcement.
Among other accomplishments at DOJ, Mr. Buschbacher co-led negotiations against Mercedes-Benz, securing a $1.5 billion settlement to resolve Clean Air Act claims that the company had installed emissions control defeat devices on hundreds of thousands of its diesel-powered vehicles. The settlement included an $875 million civil penalty—the second-largest Clean Air Act penalty ever and the largest ever on a per-vehicle basis. Mr. Buschbacher also successfully argued before the D.C. Circuit in defense of a contested NEPA decision-making.
Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin, where he represented clients at all levels of litigation. He was the principal author of dozens of motions and appellate briefs, as well as eight Supreme Court briefs, including a successful petition for certiorari in Beers v. Barr (19-864).
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School, where he was the winner of the A. Harold Weber Moot Court Award and served as an Article Editor of the Notre Dame Journal of Law & Public Policy and as a Symposium Editor of the Harvard Journal of Law & Public Policy.