Brian C. Pickard represents a variety of clients in complex federal and state environmental disputes and provides broad environmental regulatory compliance counseling. He also handles energy-based transactional and litigation matters in the electric and gas sectors, as well as general transaction matters involving extensive environmental due diligence or environmental liability transfers. Brian also represents clients in a variety of contexts involving environmental insurance coverage issues. Brian leverages his prior experience as a software engineer to bring exceptional technical experience to the matters in which he is involved, particularly in the eDiscovery and information governance contexts.
Brian has a wealth of experience representing public and private business entities, municipalities, educational institutions, and bi-state authorities in matters pertaining to 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.
Brian counsels clients concerning a range of environmental regulatory matters involving a host of federal, state, and local environmental regulatory frameworks. Brian has particular and varied experience providing regulatory counseling and civil enforcement defense with respect to the regulation of pesticide products under FIFRA and advertising claims made within the purview of FTC’s Green Guides.
Brian assists electric and gas market clients in developing a range of agreements and policy documents for various projects from dynamically managed load and onsite generation ventures employing smart grid and microgrid technologies to matters related to LNG exportation. Brian provides counseling with regard to emissions cap and trade program compliance and negotiation and drafting of power purchase agreements.
He is involved in the evaluation of environmental liabilities and quantification of environmental risks associated with corporate, real estate, and financing transactions. Brian also frequently represents clients negotiating and litigating coverage issues surrounding pollution liability and cost cap environmental insurance policies. He also represents environmental contractors with regard to insurance coverage issues.
Brian is strongly committed to providing pro bono legal service and has represented underprivileged clients in a variety of contexts from representation of homeless veterans looking to obtain benefits for service-related injuries to providing counseling to birth parents, prospective adoptive parents, and adoptees in matters involving termination of parental rights, finalization of state and private agency adoptions, and international re-adoptions. Brian has also assisted pro bono clients seeking expungement of criminal records and is a volunteer attorney for the Support Center for Child Advocates.
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.
Outstanding Scholastic Achievement, Rutgers University School of Law – Camden
Awards Methodology (www.drinkerbiddle.com/content/awards)
- New Jersey
- Rutgers University School of Law - Camden, J.D., with high honors, Rutgers Journal of Law and Religion
- Houghton College, B.S., magna cum laude
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
Brian's Areas of Focus
- Environment and Energy
- Brownfields Development
- Energy Customers
- Energy Policy, Regulations and Market Design
- Environmental Regulatory and Compliance
- Environmental Transactions
- Sustainable Infrastructure
- Information Privacy, Security and Governance
- Environmental Crimes
- Insurance Litigation and Coverage
- Life Insurance