instruction:
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.
question:
includes a determination of the significance, if any, of the TNRC’s involvement. When the EPA in 1990 shifted from a “strict” to “substantial compliance” standard for private parties, it did so “to encourage private parties to perform voluntary cleanups of sites, and to remove unnecessary obstacles to their ability to recover their costs from the parties that are liable for the contamination.” 55 FecLReg. at 8792-93. The EPA expressly recognized that requiring private parties to adhere to a set of mechanical rules would impede this objective. Thus the list of public comment provisions identified in 40 C.F.R. § 300.700(c)(6) is only a “universe of requirements which are potentially relevant,” and should “not be c Ry. Co. v. Gee Co., 2002 WL 31163777, at *30 (N.D.Ill. Sept.30, 2002) (<HOLDING>); AlliedSignal, Inc. v. Amcast Int’l Corp., 177 
 Holding statements: (A) holding that government involvement must be accompanied by public comment because a purpose of ncp is to ensure that those responsible for the cleanup receive citizens input regarding environmental conditions in the community (B) holding that public participation requirement was satisfied in part because the ncp policy is  to allow potentially responsible parties an opportunity to comment before costs are incurred and no prps were denied an opportunity to comment (C) holding five day public comment period on a portion of an ea insufficient remanding for further public comment (D) holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail (E) holding that meetings with representatives of various affected parties were insufficient to meet public participation requirement because there was never an opportunity for the public at large to comment on the plan without explaining why such opportunity was necessary
answer:
(B)


question:
and Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A § 1983 claim for deprivation of procedural due process has three elements: “(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process.” Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one’s job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama’s classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564, 
 Holding statements: (A) recognizing that plaintiff can bring action under due process clause of state constitution (B) holding that the due process clause protects only those liberty interests created by the state (C) holding that a state agency created under state law was a state actor (D) holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law (E) holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment
answer:
(E)


question:
the Second Circuit has emphasized that “[although evidence of one stray comment by itself is usually not sufficient proof to show age discrimination, that stray comment may ‘bear a more ominous significance’ when considered within the totality of the evidence.” Carlton, 202 F.3d at 136 (quoting Danzer, 151 F.3d at 56); see also Schreiber, 324 F.Supp.2d at 522-23. “Even ‘stray remarks in the workplace by persons who are' not involved in the pertinent decision making process ... may suffice to present a prima facie case,’ provided those remarks evidence invidious discrimination.” Belgrave v. City of New York, No. 95 Civ. 1507, 1999 WL 692034, at *29 (E.D.N.Y. Aug. 31, 1999) (quoting Ostrowski, 968 F.2d at 182); see also Malarkey v. Texaco, Inc., 983 F.2d 1204, 1210 (2d Cir.1993) (<HOLDING>); Warren v. Halstead Indus., Inc., 802 F.2d 
 Holding statements: (A) holding that statements made by nondecisionmakers were properly received because they showed the pervasive corporate hostility towards plaintiff and supported her claim that she did not receive a promotion due to her employers retaliatory animus (B) holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination (C) holding that a plaintiff could not proceed on her procedural due process claim brought under  1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate (D) holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent (E) holding that plaintiff failed to establish that her transfer to another department was retaliatory as opposed to her employers attempt to diffuse a personality conflict
answer:

(A)