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Podcast: Master Your Millions Podcast

Episode: Jennifer Novak: Sidestepping Environmental Traps That Can Taint Family Wealth

February 7th, 2025

Read the Transcript Below

Welcome to the Master Your Millions Podcast, the show all about your financial potential and leaving a legacy for future generations. Here are your hosts, Jason and Scott Henderson.

Scott Henderson:
Welcome back, everyone. I’m your host, Scott Henderson, and my co-host is Doctor Jay. We’re very excited for our special guest today. Jason, who do we have coming on?

Jason Henderson:
Today’s guest is Jennifer Novak. She comes to us through a mutual friend and has been in this field for a while. We’re happy to have her on the podcast today. She’s an LA native, born and raised there, then went to Berkeley and UC Davis. She’s a wife and mother of two grown children, an attorney specializing in environmental law. Today, we’ll discuss how passing businesses and assets between generations can be problematic—and how she helps guide people through that maze. Welcome to the show, Jennifer.

Jennifer Novak:
Thank you. I’m so excited to be here.

Scott Henderson:
To start off, tell us how you got into environmental law. You always wanted to be an attorney, but what drew you to this specific field?

Jennifer Novak:
It was a happy accident. I studied geography and land use planning in college but wanted to be a lawyer to help people. About five years into my legal career, an opportunity came up to work for the California Department of Justice in their Natural Resources Section—the outside law firm for California’s natural resources agencies. These agencies balance regulating businesses with protecting the environment and public health.

After 10 years there, I founded my own firm to help property owners and businesses navigate environmental regulations. We’ve been doing this for almost 11 years now.

Jason Henderson:
For our listeners (and myself), this is way outside our daily work. What does a typical day look like for you? What kinds of cases do you handle?

Jennifer Novak:
Environmental law touches almost everything—air quality, water safety, materials in clothing or furniture, even where schools can be built. In California, we’re especially rigorous.

A typical day might involve:

  • Representing ports or terminals dealing with emissions or oil spills.
  • Advising wineries on handling industrial byproducts.
  • Helping property owners accused of environmental harm (e.g., drug cartels growing marijuana on their land without their knowledge).
  • Defending small businesses, like a two-person auto repair shop, if their oil recycler mishandled waste and caused contamination.

Many clients are good people caught in a system where simply owning property or running a business can lead to liability.

Scott Henderson:
Our podcast focuses on wealth accumulation and passing it on. What are the top three issues you see when transferring businesses or assets to the next generation?

Jennifer Novak:

  1. Commingling Assets: Families often lump everything into one trust. If one asset has environmental liabilities (e.g., a property once leased to a dry cleaner), all assets in the trust are at risk.
  2. Lack of Records: Throwing away old documents can destroy proof of proper handling or insurance coverage for past issues.
  3. Changing Regulations: Detection methods improve (parts per billion vs. parts per million), and laws evolve. What was “clean” yesterday may not be today.

Jason Henderson:
Why would a current owner be liable for contamination caused 100 years ago? That seems unfair.

Jennifer Novak:
The law focuses on who can address the problem now. If you own the property, you’re the easiest target. You can try to hold past owners accountable, but that’s on you to prove. The government prioritizes cleanup over fairness.

Scott Henderson:
How can buyers protect themselves?

Jennifer Novak:

  • Environmental Assessments: Hire a specialist (e.g., environmental geologist) before purchasing. Costs vary ($5K–$10K+) but can shield you as a “bona fide purchaser.”
  • Segregate Assets: Hold risky properties in separate LLCs. A series LLC might help, but a fully independent entity is safer.
  • Insurance: Standard liability insurance won’t cover environmental issues. Look into environmental insurance.

Jason Henderson:
What if a property passes inspection, but laws change later?

Jennifer Novak:
If you did proper due diligence, you might have a defense. But if new thresholds reveal contamination, you could still face liability. The key is documenting your efforts upfront.

Scott Henderson:
Is the government always the enforcer?

Jennifer Novak:
No. Private parties (e.g., neighbors) can sue, but they must prove your direct role. The government often acts on suspicion, requiring you to disprove liability—which can cost thousands in testing and legal fees.

Jason Henderson:
Any final advice?

Jennifer Novak:

  • Confront issues early: Don’t assume “no news is good news.”
  • Keep records: Old leases, insurance policies, and tenant histories are gold.
  • Segregate high-risk assets: Don’t let one bad property endanger everything.

Scott Henderson:
This has been eye-opening. Where can listeners connect with you?

Jennifer Novak:
Check the show notes for links. I also post educational videos on YouTube.

Jason Henderson:
When your book comes out, come back on the show!

Jennifer Novak:
Absolutely.

Scott Henderson:
Thanks, Jennifer. Everyone, if you enjoyed this, leave us a 5-star review. Remember: mastering your millions starts with your mind and your team.