In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

[EX Q]: because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.
[EX A]: non-overruling

[EX Q]: to the extent mccoy and mccracken implied that the only right to counsel under the act was a statutory one, they are hereby modified.
[EX A]: overruling

[EX Q]: fww raises essentially the same argument here.
[EX A]:
non-overruling