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.

Example Input: 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
Example Output: (A)

Example Input: then the trial court erred in allowing prejudgment interest to accrue on that sum at 10% per annum “[bjecause no prejudgment interest statute applies to this case.” Assuming arguendo that their argument was true, then the answer to the problem is found in their own brief. They acknowledge that the prejudgment interest scheme established under § 304.101 et seq. of the Texas Finance Code applied if no other statute did. See Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 530-31 (Tex.1998) (dealing with Texas Revised Civil Statute art. 5069-1.05, § 6(a), the predecessor to § 304.101 et seq. of the Texas Finance Code). And, at the time of judgment, see Natural Gas Clearinghouse v. Midgard Energy, Co., 113 S.W.3d 400, 414 (Tex.App.-Amarillo 2003, pet. denied) (<HOLDING>), prejudgment interest accrued at the rate of 
 Holding statements: (A) holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate (B) holding that the applicable rate is that in existence at the time of judgment (C) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (D) holding that the penalty is applicable (E) holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract
Example Output: (B)

Example Input: individually, to her late husband’s claims; she cannot be an heir to her own claims”). There is no provision in the agreement stating that Garcia, on behalf of her children, was agreeing to submit the children’s claims to arbitration. Garcia did not sign the agreement on behalf of the children or as representative of the children. Accordingly, the children are not bound by the express terms of the agreement. See Fleetwood Enter., Inc., 280 F.3d at 1074; see also Fortune v. Killebrew, 86 Tex. 172, 175, 23 S.W. 976, 977 (1893) (“But [the children] did not sign; and, as we have seen, their father having an adverse interest, had no authority to sign [the arbitration agreement] for them as their guardian.”); Snow v. Walker, 42 Tex. 154, 156, 1875 WL 7396, 1874 Tex. LEXIS 288, *4-*5 (1874) (<HOLDING>). Relators argue that Garcia exercised her 
 Holding statements: (A) holding that mothers agreement to arbitrate matters concerning an estate in which the mother and her minor children had a common interest did not estop the minors from asserting claim to the estate (B) holding that an agreement between a mother and father to waive payment of child support and arrearages in exchange for fathers consent to the adoption of the minor children by the mothers husband was invalid because it violated public policy (C) holding birth mothers samesex partner was a presumed mother    because she received the children into her home and openly held them out as her natural children (D) holding that for estate tax purposes property is to be valued as it exists in the hands of the estate (E) holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan
Example Output:
(A)