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.

v. Pembroke Real Estate, Inc., 459 F.3d 128, 142 (1st Cir.2006). Moreover, the broad scope of the Copyright Act definitions may be of limited assistance as the court applies a “common sense” analysis of whether a particular unfinished work may be covered by VARA. One of the co-sponsors of VARA observed that “we have gone to extreme lengths to very narrowly define the works of art that will be covered.... The definition is not synonymous with any other definition in the Copyright Act....” H.R.Rep. No. 101-514, at 11. In Lilley v. Stout, 384 F.Supp.2d 83 (D.D.C.2005), the district judge noted that “VARA established a new and distinct genus of art: ‘works of visual art,’ which differs in many respects from the pre-existing categories in Section 102(a) of the Copyright Act.” Id. at 86 (<HOLDING>). While this overview leaves much that is 
 Holding statements: (A) holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding negligence on the part of the attorney does not qualify for such relief (D) holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public (E) holding that purely reputational damage does not qualify for dueprocess protection
(A)

at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs’ suit at the time it was brought. Moreover, in PauÉuxet the Court stated that it did not agree “with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable.” Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass’n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as 
 Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources
(D)

benefits as a common denominator. I therefore dissent. 1 .This is the only evidence in the record about Bruce's involvement with tribal authorities. Bruce (quite properly) does not rely on anything else. While the majority disclaims reliance on two arrests reported in the Presen-tence ■ Investigation Re al.1958) (finding no doubt that petitioner is an Indian subject to the Major Crimes Act as he is an' Indian by blood and enrolled as a member of the Mono tribe), aff'd sub nom. Dickson v. Carmen, 270 F.2d 809 (9th Cir.1959); see also Halbert v. United States, 283 U.S. 753, 762-63, 51 S.Ct. 615, 75 L.Ed. 1389 (1931) (noting the general rule that the right of individual Indians to share in tribal property depends on tribal membership); Vezina v. United States, 245 F. 411 (8th Cir.1917) (<HOLDING>). 5 . As we observed in United States v. 
 Holding statements: (A) holding that under the oregon constitution when a person consents to have their blood drawn and tested for specified substances the scope of that consent limits the scope of the states power to test the blood without a warrant (B) holding that person who was by blood of the fond du lac band of the chippewas of lake superior who moved to the reservation was recognized enrolled and secured allotments upon the reservation were members (C) holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed (D) holding that a person who cut and removed timber pursuant to the direction of the person in possession of the property but without the written consent of the company holding legal title to the land could be held liable under the gtccs (E) recognizing serious harm results when members of the legal profession engage in criminal acts which give rise to a lack of confidence by members of the public in those who are officers of the court

(B)