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.

[EX Q]: Athletic Ass’n, 980 F.2d 382, 386-87 (6th Cir.1992). The district court below also acknowledged this interest as a substantial one. TSSAA’s other two justifications, however, are very much in dispute. Brentwood, for example, argues that there is no support in the record for the proposition that student athletes need protection from exploitation. The district court agreed. It concluded that TSSAA offered no proof that exerting undue influence on middle school athletes to recruit them for athletic purposes actually harms those students. Proof of actual harm, however, is not required in order to recognize a state actor’s interest in preventing reasonably anticipated harm. See Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Village of Stratton, Ohio, 240 F.3d 553, 565-66 (6th Cir.2001) (<HOLDING>). Finally, TSSAA’s newly asserted interest in a 
 Holding statements: (A) holding that the village could regulate doortodoor solicitation based on a fear of an anticipated harm without proof of actual harm (B) holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer (C) recognizing  1951 includes fear of economic harm (D) holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm (E) holding that an essential element of a claim of legal malpractice pursued under either a contract or trespass theory is proof of actual loss rather than breach of a professional duty causing only nominal damages speculative harm or the threat of future harm
[EX A]: (A)

[EX Q]: v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. § 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE’s discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The “Restricted” Experiments We do not reach the issue of whether the DOE’s decision not to include information about “restricted” experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court’s ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a 
 Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived
[EX A]: (A)

[EX Q]: no suggestion that the region to be considered is or should be confined by our State’s borders, id. at 329, 3 A.3d 1268 (Skillman, P.J.A.D., dissenting) (citing Saddle Brook, supra, 156 N.J. at 597, 722 A.2d 530), he criticized the majority for relying on Justice Blackmun’s concurrence when the United States Supreme Court’s majority had not suggested such a limitation on the relevant market area, id. at 330-32, 3 A.3d 1268. II. This matter comes to us as an appeal as of right, arising only through the dissent in the Appellate Division. R. 2:2-l(a)(2). As such, our review is confined to the issue which was the subject of the dissent, ibid., no other matter having been brought to us through a petition for certification, see State v. Allegro, 193 N.J. 352, 371 n. 9, 939 A.2d 754 (2008) (<HOLDING>); accord, Aversano v. Palisades Interstate 
 Holding statements: (A) holding that a notice of appeal based on a dissent in the appellate division preserves for review only those issues on which the dissent was filed and certification must be sought separately as to all other issues (B) holding that disputed issues of fact cannot be resolved based on affidavits and must be decided based on evidentiary hearings the only admissible procedure for resolving such issues (C) holding that issues must be briefed to be preserved on appeal (D) holding that appellant did not limit his issues on appeal by gratuitously listing only some of those issues in his notice of appeal (E) holding that issues must be raised and ruled upon in the trial court to be preserved for appellate review
[EX A]:
(A)