The Petition should be denied as a matter of law and good public policy.

The Petitioner improperly attempts to rely on the U.S. Supreme Court's ruling in Sackett v. EPA as authority to limit the Commonwealth's ability to define and protect its nontidal wetlands in the Chesapeake Bay Protection Act ("CBPA") and its implementing regulations.

The Petitioner's legal thoery is indefensible on its face.  In Sackett, the U.S. Supreme Court addressed federal jurisdiction to regulate wetlands.  In other words, it only addressed whether the pertinent wetlands were within the regulatory authority of the Federal government under the Clean Water Act.  In this instance, the controlling statute is the CBPA, a state statute.

Sackett did not affect the Commonwealth's regulatory definition of "non tidal wetlands" under the CBPA.  Thus, Sackett has no effect on how Virginia defines and protects its wetlands.

The CBPA empowers localities to designate and protect areas that are important to ensure water quality protection.

The Petition seeks to improperly limit local Virginia governments' discretion granted by state law and should be denied as a matter of both law and good public policy.