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Posts sent on: 2015-12-04

Supreme Court Rules For Idaho Couple In EPA Battle





The Supreme Court today ruled in favor of an Idaho couple who had been battling the Environmental Protection Agency in an effort to build their dream home.

Four years ago, Mike and Chantell hvac website Sackett bought property to build a home near a lake in Bonner County, Idaho. After obtaining local permits the Sacketts began hvac work, pouring in some land fill. But their work came to a screeching halt when they were visited by officials from the Environmental Protection Agency.

The couple was slapped with a compliance order asserting that the land is subject to the Clean Water Act and that they had illegally filled protected wetlands. They were told to stop filling in the lot, and to restore it to its pre-construction condition or facethousands of dollars in potential liability.



The Sacketts sought to challenge the EPA's finding in court, but were told that that they needed to go through a permitting process first, and only after the EPA moved to enforce the order could they seek judicial review.

Today, a unanimous Supreme Court reversed a lower court decision and found that the Sacketts may bring a civil click here action under the Administrative Procedure Act, which provides for judicial review of "final agency action for which there is no other adequate remedy in court."

Justice Antonin Scalia, writing for a unanimous court, said that hvac since the EPA's decision was final, and "since the Sacketts have no other adequate remedy in court, they may bring their suit under the APA."

The decision is a victory for property rights advocates. Attorneys for the Pacific Legal Foundation, who represented the Sacketts in court, issued a statement calling the decision a "precedent-setting victory for the rights of all property owners."



"The United States Supreme Court today held that landowners have a right to direct, meaningful judicial review if the U.S. Environmental Protection Agency effectively seizes control of their property by declaring it to be 'wetlands'," the group said.

"The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years," MikeSackett said in a statement. "It said we could not go to court and challenge their bogus claim that our small lot had 'wetlands' on it. As this nightmare went on, we rubbed our eyes and started to wonder if we were living in some totalitarian country. Now, the Supreme Court has come to our rescue, and reminded the EPA - and everyone - that this is still America, and Americans still have rights under the Constitution."

Deputy Solicitor General Malcolm L. Stewart - arguing on behalf of the EPA - had stressed the couple could have been in contact with federal officials before beginning work and before the compliance order was issued. "All we're saying is they can't discharge fill, wait to see whether EPA notices, and then insist upon immediate judicial review if EPA notices and objects," Stewart had argued.

Justice Samuel Alito, who issued a separate concurring opinion, said the government's position in the case "would have put the property rights of hvac ordinary Americans entirely at the mercy" of the EPA. He urged Congress to step in an clarify the reach of the Clean Water Act which he called "notoriously unclear."



"Allowing aggrieved property owners to sue under the Administrative Procedure Act is better than nothing," Alito wrote, " but only clarification of the reach of the Clean Water Act can rectify the underlying problem."



04 Dec 2015
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NOVA Discount Air Changes the Face of HVAC Repair Services in Northern Virginia



Guardian Home Services announces that it has officially launched NOVA Discount Air (www.novadiscountair.com) to provide Northern Virginia homeowners and companies with a low cost alternative to the overpriced HVAC services offered by many area companies.

For years, Northern Virginians have complained about grossly inflated rates and unexpected hvac charges from local heating and air companies. Its no surprise that many residents have switched companies numerous times looking for service technicians that are honest, knowledgeable, and charge fair rates upfront with no hidden surprises.

There are many licensed HVAC technicians in the area that have years of industry experience and provide high quality services without overcharging customers; but unfortunately, many of these technicians do not have marketing expertise or large budgets to hire agencies to promote them, like many of the largest competitors do. Therefore, homeowners are not aware of their existence.



To receive a steady income, these service technicians often seek employment with large companies; but with large operations come very high overhead expenses, which causes a company to increase their service rates. To cover operating expenses, many of these larger companies have to spend thousands of dollars a month on marketing and advertising. And thus, the only way to make a profit is to lower wages, significantly increase product markups, and increase service charges.

Unfortunately, the customer is the one who suffers from these added expenses and the investors and top management's focus on higher profit margins often overlooking the customer's needs in the process. The HVAC service technician also suffers by receiving pay that does not adequately reflect the hard work they put into their jobs. This leads to low morale, and when morale is low employees do not perform at their best.



Many of these technicians know that they can make more money on their own and charge homeowners significantly less. But, they also understand that without knowing how to effectively and continuously promote themselves, they will not have a steady income like they would working for a major company.

What if there was an alternative that bridged the gap between licensed HVAC service technicians that do quality work, including offering industry standard warranties on a wide range of equipment that they sell, and home owners that are looking for an inexpensive fix for their heating and air issues?

Thats the exact alternative that Mike Smurda, President of Guardian Home Services (a home repair, maintenance, and living assistance company in Northern Virginia), has successfully created in NOVA Discount Air.

Smurda has more than 20 years experience with home living assistance, and he saw the need to expand his business by offering a discount HVAC division that still provided high quality services and sold warrantied HVAC equipment. Smurda has dealt with businesses that have taken advantage of people by charging unfairly high prices and/or participating in dishonest business practices, and he wanted to offer consumers an honest and appealing alternative where consumers and their needs were a high priority. Smurda and his Company emphasize listening to their clients and building long-term partnerships with area homeowners and business people.



Our mission is to save you money by providing quality HVAC repair and maintenance services without hvac website artificially inflated rates, said Smurda. We believe in honesty and integrity, and we are dedicated to showing Northern Virginia home owners that quality low cost heating and air repair services exist.

NOVA Discount Air is a strategic partnership between Smurda, a senior HVAC specialist, and an online marketing specialist. As an HVAC specialist, Smurda has a long and successful track record of working with banks and realtors providing comprehensive HVAC services to homes that are in foreclosure. With the operating team's combined skill set, NOVA Discount Air has opened up opportunities for licensed heating and air technicians and home owners to get hvac website what they all have been looking for top quality and honest services at fair rates, as well as the ability to sell and purchase reasonably priced, and warrantied, equipment.

NOVA Discount Air only partners with click here technicians that are licensed in the state of Virginia and have the knowledge and expertise to give customers an unmatched experience. All technicians must complete a screening process before servicing customers.

When asked how they will be able to keep prices hvac website low, Smurda stated, Its all about partnering with honest people who care about helping others. People are priority number one.

About NOVA Discount Air





NOVA Discount Air is a Northern Virginia based provider of HVAC repair, maintenance, and installation services. The Company saves home owners money by providing quality services at discounted rates (that are substantially lower than their competitors). NOVA Discount Air also sells and installs top quality equipment with industry-standard warranties. For more information, please see www.novadiscountair.com.



04 Dec 2015
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