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.
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Question: S.Ct. 1215, 43 L.Ed.2d 570 (1975).” Peters v. Narick, 165 W.Va. 622, 628 n. 13, 270 S.E.2d 760, 768 n. 13 (1980). This Court has determined repeatedly that the West Virginia Constitution may be more protective of individual rights than its federal counterpart. See, e.g., State v. Bonham, 173 W.Va. 416, 317 S.E.2d 5 Daley, 174 W.Va. 299, 324 S.E.2d 713 (1984) (state constitution compels striking limitation on soliciting after sunset even if federal constitution does not); Woodruff v. Board of Trustees of Cabell Huntington Hospital, 173 W.Va. 604, 611, 319 S.E.2d 372, 379 (1984) (Article III, § 1 "more stringent in its limitation on waiver [of fundamental rights] than is the federal constitution”); Pushinsky v. West Virginia Board of Law Examiners, 164 W.Va. 736, 266 S.E.2d 444 (1980) (<HOLDING>); Pauley v. Kelly, 162 W.Va. 672, 707, 255 
 Holding statements: (A) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution (B) recognizing that state constitution imposes more stringent limitations on power of state to inquire into lawful associations and speech than those imposed by federal constitution (C) recognizing exception under state constitution (D) holding that appellate court assumes appellant claims no greater protection under state constitution than that provided by federal constitution when state and federal claims not briefed separately (E) holding missouri constitution requires stricter separation of church and state than does federal constitution

Answer: recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution


Question: 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

Answer: 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


Question: Court and also is denied as moot. Discussion Motion To Exclude This case arises under the Administrative Procedure Act (the APA), 5 U.S.C. § 702 et seq. Review under the APA is limited to the administrative record that was before the decision-making agency and may not include a new record constructed by the reviewing court. Camp v. Pitts, 411 U.S. 138, 142-43, 93 S.Ct. 1241, 1244, 36 L.Ed.2d 106 (1973). “If a court is to review an agency’s action fairly, it should have before it neither more nor less information than did the agency when it made its decision.” Walter O. Boswell Memorial Hosp. v. Heckler, 749 F.2d 788, 792 (D.C.Cir.1984); see also Doraiswamy v. Secretary of Labor, 555 F.2d 832, 839-40 (D.C.Cir.1976); Polcover v. Secretary of Treasury, 477 F.2d 1223, 1226 (D.C.Cir.1973) (<HOLDING>), cert. denied, 414 U.S. 1001, 94 S.Ct. 356, 38 
 Holding statements: (A) holding that the proper review for the trial courts application of the law is de novo (B) holding that we review agency determinations of law de novo (C) holding that we review a district courts interpretation of a statute de novo (D) recognizing de novo standard of review (E) recognizing that a district courts review is limited to the agency record submitted and that no de novo evidentiary hearing is permitted

Answer:
holding that the proper review for the trial courts application of the law is de novo