Read the following excerpt from a US court opinion:
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in the Department's initial brief. See Rule 208(b)(1)(B), SCACR (“Ordinarily, no point will be considered which is not set forth in the statement of the issues on appeal.”); see also Glasscock, Inc. v. U.S. Fid. and Guar. Co., 348 S.C. 76, 81, 557 S.E.2d 689, 692 (Ct.App.2001) (issue cannot be raised for the first time in a reply brief). 8 . Although a previous version of the regulations was in effect prior to March 28, 2000, it did not apply to approved JDs. See 33 C.F.R. §§ 331.1 to 331.12 (1999). 9 . In fact, even if the regulations were in effect, the preamble to the regulations states that it is the position of the federal government that "jurisdictional determinations are not ripe for [judicial] review until a landowner who disagrees with a JD has gone through the permittin . 12 . "Under the doctrine of collateral
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the plaintiffs state law claims are preempted by federal law
B. holding that new york law applies to this matter
C. holding that new york alcoholic beverage control law preempted local law
D. holding that cwa preempted vermont nuisance law to extent that vermont law sought to impose liability on new york point source
E. holding that a state election law is preempted only to the extent that it conflicts with federal law
Reply with [A, B, C, D, E] only.