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.

[Q]: process.” Final Rule Establishing an Administrative Appeal Process for the Regulatory Program of the Corps of Engineers, 65 Fed. Reg. at 16488. Additionally, the preamble notes that, because physical circum stances can change over time, "JDs are not necessarily 'final' even as an administrative matter.” Id. Based on the foregoing, it seems rather doubtful that the Corps’ decision to certify Dr. Booth’s delineation constituted a final determination entitled to preclusive effect. See Zurcher v. Bilton, 379 S.C. 132, 135, 666 S.E.2d 224, 226 (2008) (issue preclusion applies when an issue has been "actually litigated and determined by a valid and final judgment”) (emphasis added). 10 . See Chasm Hydro, Inc. v. N.Y. State Dep't of Envtl. Conservation, 58 A.D.3d 1100, 872 N.Y.S.2d 235 (2009) (<HOLDING>). 11 . See Ouellette, 479 U.S. 481, 107 S.Ct. 
 Holding statements: (A) holding local regulation of hazardous waste disposal facilities preempted by comprehensive and detailed state regulatory scheme (B) holding that federal power act and cwa largely preempted the field of regulating hydroelectric facilities (C) holding pennsylvania statute regulating subrogation is a law regulating insurance (D) holding that subsequent congressional statute regulating registration of aliens retroactively preempted state law (E) holding that the plaintiffs state law claims are preempted by federal law
[A]: (B)


[Q]: intent and the public authority defense at a new trial, it should also provide an appropriate instruction articulating that reliance on the apparent authority of a government official is not a viable defense. 7 . In light of our conclusion that the district court properly granted a new trial, we need address only one additional issue on appeal. Michael contends that his indictment was defective because it failed to provide him with proper notice of the three drug-related violations underlying the continuing criminal enterprise count. His argument is without merit, however, because the CCE count in the indictment expressly incorporated by reference the predicate drug violations upon which the jury relied in convicting Michael. See United States v. Tipton, 90 F.3d 861, 863 (4th Cir.1996) 
 Holding statements: (A) recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice (B) holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct (C) holding that an indictment which incorporated by reference the predicate drugrelated violations was sufficient to provide adequate notice for a cce count (D) holding that a single implicit reference to the email in which the complaint makes no explicit reference to nor does it quote at all from is insufficient to establish that the email was incorporated by reference into the complaint (E) holding that an indictment gave sufficient notice when the indictment charged the elements of the offense
[A]: (C)


[Q]: however, that the ballot summary is defective for three reasons: (A) it fails to inform voters that deauthorization of slot machines would require another constitutional amendment; (B) it fails to inform voters of the proposed amendment’s effect on the extant constitutional provisions concerning lotteries; and (C) it fails to inform voters that the amendment authorizes the Legislature to license and regulate slot machines. We address these in turn. A. Is the Ballot Summary Defective Because It Fails to Inform Voters that Deauthorization of Slot Machines Would Require Another Constitutional Amendment? The opponents first argue that the summary fails to inform voters that de-au-thorization of slot machines would require another constitutional amendment. See Askew, 421 So.2d at 156 (<HOLDING>). Last year we rejected this same argument as 
 Holding statements: (A) holding that the trial court grants or denies motions for summary judgment on the basis of what is contained in the motions for summary judgment and the responses thereto (B) holding that an affidavit denying what is established by ones own evidence  does not preclude summary judgment (C) holding the ballot summary defective and commenting that the problem therefore lies not with what the summary says but rather with what it does not say (D) holding that what is important is not simply that the element at issue is defined in terms of what it does but that the term as the name for a structure has a reasonably well understood meaning in the art (E) holding if the language of a deed or other written instrument is clear and unambiguous the intention of the parties is gathered from the instrument it is what the grant or said and not what he intended to say
[A]:
(C)