We are excited to announce our newest segment, Deep Dive with Daisy. Our very own Daisy Wanless will be talking to experts across the environmental industry to discuss challenges, solutions, and stories that shape the way we protect our communities and natural resources.
Our first interview takes place with Jennifer Novak, Esq., Founder at Jennifer F. Novak Environmental Law. In this interview they discuss some of the common misconceptions around Environmental Law, due diligence and how staying up to date in compliance can save thousands of dollars and protect you from liability.
Navigating Environmental Law
Environmental law touches nearly every part of our lives, from the water we drink to the land we live on but many people only encounter it when a problem arises. To get an insider’s perspective, Daisy sat down with Jennifer Novak, an attorney with over 30 years of experience, including time in the California Attorney General’s Office and more than a decade running her own firm helping both businesses and individuals navigate environmental regulations.
Here’s what she shared about what makes environmental law unique, common pitfalls, and how to protect yourself and your property.
How Does Environmental Law Differ from Other Legal Practice?
Environmental law isn’t like other areas of law, it’s more complex, more scientific, and often less predictable. Jennifer shared four key ways it stands apart:
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Multiple Agencies and Overlapping Rules
Each state, county, and city can have its own environmental laws, and agencies at every level have their own jurisdiction. Meeting state requirements doesn’t necessarily mean you’ve satisfied federal ones. -
Heavy Reliance on Agency Decisions
Unlike criminal or civil law, there isn’t always a clear body of case law to rely on. Many issues are handled within agencies, and attorneys often rely on peer experience, seminars, and evolving guidance to interpret requirements. -
Science-Driven and Always Changing
As science and technology evolve, so do the regulations. What was compliant last year might not be this year, and staying informed is crucial. -
Strict Liability — Even Without Intent
Environmental law often follows a “you’re responsible even if you didn’t know” standard. If contamination is discovered on your property, you may have to prove it isn’t your fault, not the other way around.
Common Challenges Clients Face
Jennifer’s firm often helps families and businesses deal with unexpected environmental obligations.
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Inherited or Purchased Property – Many clients inherit or buy land only to discover there may be contamination issues. Jennifer advises understanding when to get an environmental assessment and how to value a property that might carry liabilities.
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Water and Stormwater Compliance – Water issues make up a good deal of her caseload. She helps with permitting for construction, industrial sites, and scrap yards, where it’s easy to accidentally fall out of compliance.
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Realistic Solutions – Not every problem has a perfect legal fix. Her role is often to help clients minimize harm, resolve violations, and understand the true value of a case before heading to court.
Balancing Protection and Practicality
Jennifer emphasizes that while we don’t want to be over-regulated, we do expect laws to protect public health and the environment. Issues like PFAS chemicals, microplastics, and legacy contamination show that the conversation is constantly evolving and that both businesses and individuals need good advice to avoid future problems.
Her mission is to help “good people in bad situations” find solutions that allow them to stay in business, keep employing people, and protect the environment.
Why Due Diligence Matters
One of the biggest takeaways is the importance of doing your homework before purchasing property. If you fail to perform due diligence, you can’t claim ignorance later and the financial/legal consequences can be significant.
How McAlister Geo Can Help
At McAlister GeoScience, we specialize in helping clients avoid these pitfalls by providing Phase I & II Site Assessments, compliance support, environmental sampling, and consulting services. Our team works to keep your project moving forward while staying on the right side of regulations.
You can learn more about how we can support your environmental needs at dirtyproperty.com.