Alba Environmental Risk Management LLC offers a uniquely broad range of environmental risk management tools, one that includes surplus lines insurance brokering as well as legal services. Alba does this because, unlike 98% of other policies, environmental insurance is a “surplus lines” product and, therefore, its policy language and terms are not subject to any regulatory review. For that reason, environmental policies can be sold only through licensed surplus lines brokers, and environmental policy language and terms must be individually reviewed and negotiated by attorneys to the same degree as other customized contracts. Alba enables clients to obtain these two required services from one firm with deep experience in both. Prior to establishing Alba, its Founder, Michael Hill, was outside counsel to the largest user of environmental insurance in the U.S., and then Chairman of the world’s largest environmental insurance brokerage.
In addition to the complexities of the policies themselves, environmental insurance is typically obtained to support related legal contracts, e.g., fixed-price cleanup contracts, or sale contracts involving contaminated land (“brownfields”). For that reason, the broker and attorney involved in environmental policy negotiations and revisions must also understand (and, typically, participate in negotiating) the contracts that the insurance is to support.
Since its 2004 inception, Alba has served as counsel, broker, consultant and/or expert witness to the U.S. Government (the Air Force, the Army, and the Department of Justice); Fortune 100 industrial companies; the world’s largest Brownfield developer; the $773M Environmental Trust created to remediate and redevelop the 89 industrial properties left behind in the GM bankruptcy; two of the world’s largest environmental insurers; and a non-profit in the area of nuclear plant decommissioning. Alba has helped clients remediate and/or redevelop Superfund sites, military bases, power plants, auto plants, oil refineries and terminals, mines and other sites for a total of over $1B in cleanups and $4B in redevelopment on properties now host to over 50,000 jobs. In 2017 and 2018, Alba helped the U.S. Government acquire 97 previously-contaminated acres in St. Louis to construct the new $1.7B West Campus of the National Geospatial-Intelligence Agency. Separately, in September 2018, Alba was awarded the competitively-bid contract to advise and assist the Air Force with respect to Environmental Insurance and other Risk Management Tools at projects across the U.S.
Alba’s combination of law and brokering is particularly helpful in the contexts of:
Environmental insurance obtained from traditional insurers (e.g., Chubb, Navigators, XL and Zurich);
Environmental insurance obtained from captive insurers (which, collectively, now receive over half of all property and casualty premium in the U.S.);
Fixed-Price Cleanups and/or Property Sales Agreements;
Trusts, Escrows and Bankruptcies; and
Renewable Energy and Forest Conservation Projects (e.g., utility-scale solar-on-landfills; carbon credits).