Brian Clark has a diverse practice that spans 30 years and covers three primary areas: environmental counseling, administrative and toxic tort litigation and governmental relations.
As chair of the firm's Environmental practice group, Brian handles a variety of complex energy transactions, permitting compliance issues, litigation involving oil and gas producers and midstream companies, and transactions involving Brownfield properties for commercial, industrial and energy clients ranging from family-owned businesses to Fortune 100 companies. He counsels energy clients on corporate governance and environmental permits, as well as state funding sources.
Brian's accomplishments include:
- Represented a lending group in connection with several large project financings of natural gas-fired electric generation stations, including one of the largest coal-to-natural-gas power conversion projects in the country.
- Negotiated a federal Clean Water Act consent agreement involving groundwater contamination with EPA Region 3 at a major petroleum distribution facility on behalf of a large petroleum transportation company.
- Represented and litigated a major energy producer in a dispute with the Department of Environmental Protection involving agency handling of abandoned gas wells.
- Litigated a natural gas gathering line dispute before the Pennsylvania Public Utility Commission involving a case of first impression.
- Represented a coal company on asset sale to private equity firm involving complex pre-existing mine discharge obligations.
- Handled and oversaw environmental due diligence at major Pennsylvania energy generation plant.
- Litigated third party appeals of permits issued to Pennsylvania quarry operation.
- Represented several petroleum companies in legacy cleanups across Pennsylvania involving complex multi-party cleanup obligations and legacy issues for both soils and groundwater cleanup.
- Represented landfill owner in federal Superfund cost recovery case involving multiple parties.
- Resolved federal and state claims at major petroleum pipeline release on the Allegheny River.
- Represented company subject to anthrax contamination at its corporate office, involving federal, state and local agencies and third party claims.
- Handled storage tank litigation cases under the Pennsylvania Storage Tank Act and claims before the Pennsylvania tank indemnification fund.
- Defended industry clients in environmental criminal prosecution before the Pennsylvania Attorney General's Office involving criminal charges under the Pennsylvania Solid Waste Management Act and Clean Streams Law.
Brian has also been involved in landmark environmental and energy legislative initiatives for business clients for over 25 years. Brian has assisted industry groups in providing valuable input in the development of the Pennsylvania Land Recycling Act, regulations and technical guidance. Brian was involved in the development of deregulation programs for natural gas and electricity before the Pennsylvania Public Utility Commission and the General Assembly.
Brian has served as an advisor on Pennsylvania environmental and energy policy issues to three gubernatorial candidates.
Brian formerly was majority counsel to the Pennsylvania Senate Environmental Resources and Energy Committee. In this capacity, he drafted major state environmental laws, including the Oil and Gas Act, state Superfund Act, the Storage Tank Act, and the Municipal Waste Planning, Waste Reduction and Recycling Act.
An active lecturer on environmental topics for the Pennsylvania Bar Institute and the Chamber of Business and Industry, he has authored a variety of articles, book chapters and handbooks. In 2007, Brian was selected by his peers for the Pennsylvania Super Lawyers® list and has also been selected for inclusion in The Best Lawyers in America® since 2007. He has also been recognized as a leading environmental lawyer by Chambers USA.
The Dickinson School of Law, J.D., 1985
The Pennsylvania State University, B.A., 1979
- United States Supreme Court
- Pennsylvania Supreme Court
- Supreme Court of Ohio
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
Chair, Environmental Affairs Committee, Pennsylvania Chamber of Business and Industry
Past President, Board of Directors, Pennsylvania Resources Council
Pennsylvania Environmental Hearing Board Rules Committee
Pennsylvania Energy Alliance
Secretary, Pennsylvania Parks and Forests Foundation
Founding Member, Brownfield Coalition of the Northeast
Marcellus Shale Coalition