TASK DEFINITION: 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.
PROBLEM: 8 F.3d 713, 716 (9th Cir.1993) (“The purpose of NEPA is to protect the environment, not the economic interests of those adversely affected by agency decisions.”); Port of Astoria v. Hodel, 595 F.2d 467, 475 (9th Cir.1979) (purely financial interests are outside of NEPA’s zone of interests). Accordingly, we have consistently held that purely economic interests do not fall within NEPA’s zone of interests: “[A] plaintiff who asserts purely economic injuries does not have standing to challenge an agency action under NEPA.” Nevada Land Action Ass’n, 8 F.3d at 716; see also Ranchers Cattleman v. United States Dep’t of Agric., 415 F.3d 1078, 1102 (9th Cir.2005) (an economic injury alone will not support a claim under NEPA); Western Radio Servs. Co. v. Espy, 79 F.3d 896, 903 (9th Cir.1996) (<HOLDING>); Port of Astoria, 595 F.2d at 475 (holding 
 Holding statements: (A) recognizing the cause of action (B) holding that a plaintiff whose only complaint was that agency action would cause economic harm asserted an interest outside nepas zone of interests (C) holding that the plaintiff did not have standing because it was not able to demonstrate how its economic interests fell within the zone of interests protected by the nhpa (D) recognizing cause of action (E) holding that the public interest in expression must be weighed against the plaintiffs economic and noneconomic interests

SOLUTION: (B)

PROBLEM: failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of 
 Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal

SOLUTION: (B)

PROBLEM: Fieldstone, may exist such that Countrywide could be indirectly liable for Hilltop and Fieldstone’s violation of the CTA and fraudulent misrepresentations. Although the plaintiffs do not allege an agency relationship between Countrywide and the other defendants in their complaint, it is not necessary for a pleading to allege an agency relationship in order to survive a Rule 12(b)(6) motion. “[A]s a matter of law, allegations of agency, vicarious liability, and/or respondeat superior are not required. A person legally responsible for an act may be alleged to have committed it without going into the theories which support that ultimate fact.” Greenberg v. Sala, 822 F.2d 882, 886 (9th.Cir.1987); see also Fed. Sav. and Loan Ins. Corp. v. Shearson-Am., 658 F.Supp. 1331, 1343 (D.P.R.1987) (<HOLDING>). IV. Ameriquest’s motion to dismiss 
 Holding statements: (A) holding that a party can be held liable for securities fraud on an agency or a respondeat superior theory (B) holding inter alia that a municipality cannot be held liable under section 1983 on a respondeat superior theory (C) holding that a municipality cannot be liable on a respondeat superior theory (D) holding that liability may not be predicated upon a theory of respondeat superior because a supervisor can be liable only for his own acts or omissions (E) holding that municipality may not be held liable under  1983 upon theory of respondeat superior

SOLUTION:
(A)