Billie Smith, et al. v. Tara Medina, et al.

Without finding the state law they obliterate violates the US Constitution, Federal Law, or the supremacy clause, the US Court of Appeals for the Tenth Circuit by decree indeed obliterates Colorado OWTS Law without even admitting its existence, removing permit requirements from the TEXT of Colorado Law in its review of the District Court’s rational basis review - justifying exoneration of respondents. But, because, Colorado law already requires “Final Inspection”., “before the system is placed in use, to determine that the work has been performed in accordance with the permit” [CRS 25-10-106(h)] the decree by the Tenth Circuit serves no legal purpose, is arbitrary and capricious having no substantial relation to, nor advancing any legitimate government interest. Petitioners assert the decree violates the sovereignty of Colorado; endorses lawlessness and inflicts undue health risks on Smiths; is prejudicial and unduly deferential to respondents Medina and Romero, and only serves to coerce Smiths and others like Smiths to violate Colorado Law and damage Smiths and others like Smiths. Smiths don’t want to violate Colorado OWTS law and don’t want