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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: is clear.” Investment Company Institute, 891 F.Supp.2d at 205. The appellants also assert that the agency improperly counted hypothetical benefits, but this assertion is incorrect. It was appropriate for CFTC to count the benefits flowing from its registration and disclosure requirements in § 4.5 and § 4.27, as the specifics of those requirements are finalized and not subject to the harmonization rule. The appellants further complain that CFTC failed to put a precise number on the benefit of data collection in preventing future financial crises. But the law does not require agencies to measure the immeasurable. CFTC’s discussion of unquantifiable benefits fulfills its statutory obligation to consider and evaluate potential costs and benefits. See Fox, 556 U.S. at 519, 129 S.Ct. 1800 (<HOLDING>). Where Congress has required “rigorous, 
 Holding statements: (A) holding that attorneys are not debt relief agencies (B) holding that new york city agencies cannot be sued (C) holding that agencies are not required to adduce empirical data that cannot be obtained (D) holding that state agencies are treated as states under the eleventh amendment (E) recognizing that administrative agencies are not bound by rules of evidence
[A]: holding that attorneys are not debt relief agencies


[Q]: commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is clearly inconsistent with seeking arbitration at a later date.” Id. (internal quotation marks and citation omitted). Applying this law, Judge Weinstein' concluded that choosing to file a claim in court rather than arbitrate constitutes a waiver of the right to arbitrate. Id. (citing Digitronics Inventioneering Corp. v. Jameson, 52 A.D.3d 1099, 860 N.Y.S.2d 303 (3d Dep’t 2008)). I agree with Judge Weinstein’s well-reasoned decision that, if New York law applies, the decision to litigate disputes over unpaid claims in state court precludes Defendants from now seeking to compel arbitration with respect to those same claims. But see Grand Med. Supply, 2012 WL 2577577, at *2 (<HOLDING>). Moreover, I would reach the same result even 
 Holding statements: (A) holding that mandatory arbitration agreements in the employment context fall under the faa (B) holding that the framework for determining any disputed issues concerning arbitration must be determined in the context of the faa (C) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
[A]: holding that mandatory arbitration agreements in the employment context fall under the faa


[Q]: appeal. STANDARDS OF REVIEW We review de novo the district court’s decision on cross-motions for summary judgment. Trunk v. City of San Diego, 629 F.3d 1099, 1105 (9th Cir.2011). “We review de novo questions of law, including constitutional rulings, resolved on summary judgment.” Nader v. Cronin, 620 F.3d 1214, 1216 (9th Cir.2010) (per curiam), cert. denied, — U.S.—, 131 S.Ct. 1844, 179 L.Ed.2d 772 (2011). We review for clear error the district court’s factual findings. Sapp v. Kimbrell, 623 F.3d 813, 821 (9th Cir.2010). The judicial review provisions of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706(2)(A), govern challenges to OFAC’s designation decisions. See Alaska Dep’t of Envtl. Conservation v. EPA 540 U.S. 461, 496-97 & n. 18, 124 S.Ct. 983, 157 L.Ed.2d 967 (2004) (<HOLDING>); see also Vigil v. Leavitt, 381 F.3d 826, 833 
 Holding statements: (A) holding that when considering an agency action as to which the statute does not specify the standard of review the courts of appeals must proceed pursuant to the apas general standard of review for agency actions in 5 usc  7062a (B) holding an agency decision is not final during the time the agency considers a petition for review (C) holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard (D) holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict (E) holding that the appropriate standard of review is abuse of discretion
[A]:
holding an agency decision is not final during the time the agency considers a petition for review