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: a threat to water quality because they do not introduce any invasive species from outside the Great Lakes. EPA has properly rejected this argument, noting that Lakers can spread or more rapidly distribute invasive species already present, in the Great Lakes. Id. at 501. 16 . Federal regulation permits such limits to be expressed narratively if the calculation of numeric limits is "infeasible.” 40 C.F.R. § 122.44(k)(3). 17 . EPA also claims general prohibitions can be BMPs, citing 40 C.F.R. § 122.2, but does not offer an example of something as general as the WQBEL standard being found to be a BMP. As discussed herein, the EPA’s charac-terizationis inconsistent with regulations that require WQBELs to "ensure compliance.” 40 C.F.R. § 122.4(d); see Auer, 519 U.S. at 461, 117 S.Ct. 905 (<HOLDING>). 18 . EPA’s response is that petitioners’ 
 Holding statements: (A) holding interpretation may not be inconsistent with regulation (B) holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation (C) holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation (D) holding that a secretarys interpretation of a departments regulation is controlling unless plainly erroneous or inconsistent with the regulation (E) holding that deference is owed to an agencys interpretation of its own categorical exclusion regulations so long as that interpretation is not plainly erroneous or inconsistent with the regulation

A: holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation
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Q: the rate must make a threshold showing that the rate at issue is unreasonable. Milne, 970 F.2d at 570; Covey, 763 F.Supp. at 482-83. Relevant factors in the determination include “relevant rate comparisons, a carrier’s proffer of a particular rate, and whether the rate would have moved the traffic had it been asserted at the time the shipments took place.” Matter of Brown Transport Truckload, Inc., 144 B.R. 183, 187 (Bankr.N.D.Ga.1992). One common method of making a prima facie showing of unreasonableness is to provide affidavit testimony demonstrating a significant disparity between the rates sought to be charged by the carrier and the rates charged by competing carriers at the time in question. See, e.g., Vining v. The Eureka Co., 1992 WL 370520, at *2 (N.D.Ill. Dec. 8, 1992) (<HOLDING>); Matter of Brown, 144 B.R. at 187 (noting 
 Holding statements: (A) holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo (B) holding eighty percent increase in demanded rates and showing that original rates were competitive with other carriers was prima facie unreasonable (C) holding prima facie showing of unreasonableness made by presenting evidence that tariff rates in effect at time of shipments were well above rates paid to other carriers for same service (D) holding that absence of competitive injury was not a defense to prima facie violation of  2e (E) holding that a prima facie case is subject to independent review

A: holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo
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Q: in an attempt to establish diversity jurisdiction in connection wit WL 3535, at *2 (E.D.Pa. Jan. 11, 1991) ("The district courts have inherent authority to enforce professional rules of conduct.... The rules of professional responsibility are applicable in arbitration proceedings. Courts in Pennsylvania and New York have applied such rules in compulsory court-annexed arbitration hearings and in private contractual commercial arbitration hearings.”) (citing Gwertzman v. Gwertzman, Pfeffer, Tokar & Lefkowitz, No. 87 Civ. 6824, 1988 WL 138149 (S.D.N.Y. Dec. 12, 1988) (disqualifying counsel from representing a party in arbitration based on New York Code of Professional Responsibility)). Cf. Bidermann Indus. Licensing v. Avmar N.V., 173 A.D.2d 401, 570 N.Y.S.2d 33, 33 (1st Dep't 1991) (<HOLDING>). 43 . See, e.g., Hempstead Video, Inc. v. 
 Holding statements: (A) holding that an arbitration in accordance with aaa rules is a binding arbitration (B) holding that completed arbitration pending appeal mooted district courts order directing arbitration (C) recognizing that an action at common law can be maintained on an arbitration award rendered under the parties submission that does not comply with the arbitration statute (D) holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement  as providing  that the employer must bear the arbitration forum costs (E) holding that state courts can disqualify counsel in an arbitration

A:
holding that an arbitration in accordance with aaa rules is a binding arbitration
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