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:
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
answer:
(D)


question:
CURIAM. Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court’s ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant’s sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (<HOLDING>). As we did in Guzman, we certify conflict with 
 Holding statements: (A) holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham (B) recognizing that njeither graham nor miller explicitly  apply to the functional equivalent of life without parole ie de facto life sentences (C) holding that the imposition of a life sentence on a juvenile does not violate the holding of roper (D) holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence (E) holding that double jeopardy clause does not prohibit imposition of death sentence in alabama despite life sentence in georgia in murdertrial arising from same homicide
answer:
(D)


question:
Id. (emphasis added). Thus, the dicta in this footnote, contrary to the holding expressed in the main body of the opinion, provided that a person may be convicted of attempted murder if evidence showed that he or she acted knowingly or intentionally. Based on this footnote in Vigil, the trial court and the court of appeals denied Casey's challenges to the jury instructions concerning attempted murder. 3. Other Utah Cases Concerning Attempted Murder 283 In other cases in which we have discussed the level of culpability necessary to convict a defendant of attempted murder, we have consistently required intentional conduct. A month before we decided Maestas, we held that an attempted manslaughter conviction requires intentional conduct. See State v. Howell, 649 P.2d 91 (Utah 1982) (<HOLDING>). In that case, we reasoned "that one cannot be 
 Holding statements: (A) holding that one can be convicted of attempted manslaughter under the subsections of section 765205 that require intentional conduct but not under the subsection that only requires the mens rea of recklessness (B) holding that those crimes with a mens rea of negligence or recklessness do not trigger the enhanced penalties mandated by the acca (C) holding that a mens rea of unlawfully in the indictment was sufficient because the indictment referenced the applicable statute which required a reckless mens rea (D) holding that neither recklessness nor gross negligence is a sufficient mens rea to establish that a conviction is for a crime of violence under section 16 (E) holding that under california law section 28002 requires a reckless mens rea
answer:

(A)