In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

process.” Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter.” Id. Based on the foregoing, it seems rather doubtful that the Corps’ decision to certify Dr. Booth’s delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment”) (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct. 
 Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law
(B)

238 (2) (367 SE2d 786) (1988). 41 Lawyers Title Ins. Corp. v. Griffin, 302 Ga. App. 726, 730 (2) (b) (691 SE2d 633) (2010) (punctuation omitted). 42 Id. at 731 (2) (b) (punctuation omitted). 43 Fla. Int’l Indem. Co. v. Osgood, 233 Ga. App. 111, 115 (3) (503 SE2d 371) (1998) (punctuation omitted). 44 Griffin, 302 Ga. App. at 731 (2) (b) (punctuation omitted). 45 See Roland v. Ga. Farm Bureau Mut. Ins. Co., 265 Ga. 776, 778(2) (462 SE2d 623) (1995) (affirming trial court’s directed verdict in favor of insured on coverage claim but, nonetheless, also affirming court’s directed verdict in favor of insurer on insured’s bad-faith claim in light of the fact that insured’s coverage, despite ultimately succeeding, was based on a doubtful question of law); Griffin, 302 Ga.App. at 731 (2) (b) (<HOLDING>); Assurance Co. of Am. v. BBB Serv. Co., Inc., 
 Holding statements: (A) holding that because insurers nonpayment was based on contention that insured did not have a covered loss under the policy because the value of the property was the same regardless of whether it was serviced by an easement nonpayment was reasonable and not subject to a badfaith claim (B) holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy (C) holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment (D) holding in a case involving a multiplevehicle policy that a new offer of uninsured motorist coverage was not required for the addition of a new vehicle which was comparable to the renewal or supplementation of an existing policy events that did not trigger the statutory requirement of a new offer the courts holding was based in part upon the principle that an insurance contract is personal to the insured because it insures the risk of loss to the insured and does not attach to specific vehicles (E) holding that the employer was not the insurers agent
(A)

Peay, Ky., 411 S.W.2d 473 (1967); Ingersoll-Rand Co. v. Rice, n rule, stating the rule was limited to criminal cases. After the court’s ruling, Goodman used his three peremptory challenges to strike two black jurors and one white. A third black juror was seated to hear the case. It appears that after the conclusion of the case and before submission (there having been seated thirteen jurors), the single black juror was removed from the panel by lot, thus leaving the decision in the hands of twelve white jurors. To create the issue presented for our conside 349, 30 L.Ed.2d 296 (19716) (recognizing prospective application of a new rule where, inter alia, inequities might arise from retroactive application); Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) (<HOLDING>); Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 
 Holding statements: (A) holding that reasonable reliance upon the old rule is an important factor supporting prospective application of the new rule (B) holding that the exclusionary rule does not apply to proceedings other than criminal trials (C) holding a court may apply a new rule in the criminal case before it but return to the old rule as to all other cases arising on facts predating the pronouncement (D) holding that a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases  pending on direct review  with no exception for cases in which the new rule constitutes a clear break with the past (E) holding that when the supreme court applies a rule of federal law to the parties before it that rule is the controlling interpretation of federal law and must be given full retroactive effect in all cases still open on direct review and as to all events regardless of whether such events predate or postdate our announcement of the rule

(C)