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.

[EX Q]: 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
[EX A]: (A)

[EX Q]: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule
[EX A]: (A)

[EX Q]: mortgage and note are valid only as to Mr. Sagi, Brae is effectively and permanently restrained from enforcing any defi ciency judgment against him. That is, by the terms of the permanent restraint, any funds collected by Brae from Mr. Sagi or paid on his behalf would have to be funneled to Mrs. Sagi, who in turn by the court’s order would not be obliged to use the monies to pay the mortgage debt or the real estate taxes while remaining in the residence. Furthermore, the imposition of the restraints against Brae’s collection of its mortgage obligation is contrary to laws of this State governing lien priority. The basic rule of lien priority in New Jersey is “first in time, first in right.” Fidelity Union Title & Mtg. Guar. Co. v. Magnifico, 106 N.J. Eq. 559, 562, 151 A. 499 (Ch.1930) (<HOLDING>); United Jersey Bank/South v. Camera, 271 
 Holding statements: (A) holding that the admissibility of expert testimony was governed by state law (B) holding that determination of whether prior conviction was punishable by term of imprisonment exceeding one year is governed by law in effect on date of conviction (C) recognizing that it is an open question whether drpa is a federal agency governed by the apa or a state agency governed by state administrative law (D) holding that admissibility of a confession is governed by determining from the totality of the circumstances whether or not it was made voluntarily (E) holding that priority of liens whether by mortgage or judgment is governed by the date of acquisition
[EX A]:
(E)