Brian C. Pickard

Energy Transactions, Regulatory & Environmental Markets

Brian assists clients in developing a range of agreements and policy documents related to energy, environmental markets, climate change and sustainability. From dynamically managed load and onsite generation ventures employing smart grid and microgrid technologies, to matters related to LNG exportation, to anchor offtake agreements in renewable fuel development projects, Brian’s energy experience spans the development of renewable energy, cogeneration, biorefineries, carbon reduction projects, and dynamic energy and environmental commodity procurements. Brian also provides counseling for emissions cap-and-trade program compliance, climate change and sustainability projects, and negotiation and drafting of power purchase agreements. He has represented clients in a host of industries including electricity, steam, renewable energy certificates (RECs) and RINs, green power, conventional and renewable natural gas and propane/LPG, biofuels, voluntary carbon offsets/credits, compliance carbon allowances and offsets, and other environmental and energy commodities.

Environmental Insurance & Liability Transfers

Brian also represents clients negotiating and litigating environmental insurance coverage questions around pollution liability and negotiating environmental insurance policies and environmental liability transfers. He is involved in the negotiation and procurement of pollution legal liability, excess of indemnity and contractor pollution liability coverages, as well as the evaluation of environmental liabilities and quantification of environmental risks associated with corporate, real estate and financing transactions.

Environmental Compliance & FIFRA

Brian counsels clients concerning a range of environmental regulatory matters involving diverse federal, state and local environmental regulatory frameworks. He has particular and varied experience providing regulatory counseling and civil enforcement defense under FIFRA and advertising claims made within the purview of FTC’s Green Guides.

Environmental Litigation

Brian has represented public and private business entities, municipalities, educational institutions and bi-state authorities in federal, state and administrative litigation involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the New Jersey Spill Act, the Clean Water Act, the Clean Air Act, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and various other federal and state environmental laws. His background also includes actions involving clean-up liability, personal injury and contractual claims relating to Superfund sites, landfills, toxic torts, industrial accidents, hazardous discharges, waste hauling and site remediation.

E-discovery

Brian is often called upon to manage electronic discovery in complex and/or high stakes litigation, including the collection, review and analysis of electronically stored information (ESI) of all shapes and sizes.  Brian is well-versed in technology-assisted review (TAR) techniques and leverages his technical background to point clients toward cost-effective ways to obtain the most relevant information in the shortest timeframe.

Personal Interests

Prior to practicing law, Brian spent nearly a decade as a software engineer and contributed to the design and development of the banking industry’s leading collateral management system. He enjoys hiking and watching Philadelphia sports with his wife, their four children and their three rescue mutts.