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]: case. In light of our decision that the parties’ dispute will not be resolved by an appraisal proceeding, we need not decide, as appellants assert, whether the district court erred by observing that the appraisal process would be subject to the statutes governing confirmation or vacation of an arbitration award. Nonetheless, pertinent to our holding in this case, we take the opportunity to acknowledge that although some arbitration standards apply in processing appraisal results, Minnesota recognizes a distinction between appraisal and arbitration. Compare QBE, 778 N.W.2d at 398 (stating that “[ajppraisal decisions are subject to Minn.Stat. § [§ ] 572.08-.30 (2008), the arbitration statute”) and David A. Brooks Enters., Inc. v. First Sys. Agencies, 370 N.W.2d 434, 435 (Minn.App.1985) (<HOLDING>) with Johnson, 732 N.W.2d at 346 (holding that 
 Holding statements: (A) holding that explanations of arbitration awards are not required (B) holding that because appraisal is analogous to arbitration the court would apply principles of arbitration law to this dispute regarding an insurance policy appraisal clause (C) recognizing such a ground for judicial review of arbitration awards in this circuit (D) holding that minnesotas arbitration statutes govern appraiser decisions and appraisal awards are to be treated as arbitration awards (E) holding that judicial review of arbitration awards is narrow in scope
[EX A]: (D)

[EX Q]: Ga. App. at 323 (1) (“[Rjights such as those conferred by the Fourth Amendment are personal in nature, and cannot bestow vicarious protection on those who do not have a reasonable expectation of privacy in the place to be searched.”) (citation and punctuation omitted). 49 See Division 1 (a), supra. 50 See McClain v. State, 267 Ga. 378, 383 (3) (a) (477 SE2d 814) (1996) (while reiterating that the issue of the defendant’s future dangerousness may be relevant to sentencing but not to the question of his guilt, the Court concluded that, given the overwhelming evidence of the defendant’s guilt, it was highly unlikely that the improper portion of the prosecutor’s closing argument contributed to the jury’s verdict); cf. Collier v. State, 266 Ga. App. 345, 351-355 (2) (596 SE2d 795) (2004) (<HOLDING>); Williams v. State, 261 Ga. App. 511, 517-518 
 Holding statements: (A) holding counsels failure to investigate alibi witness and eyewitnesses to the crime amounted to constitutionally deficient performance (B) holding that there was no material prejudice arising from trial counsels repeated references to an accuseds invoking his right to counsel (C) holding that trial counsels failure to object to the prosecutors repeated pervasive and clearly improper references during closing arguments to similar transactions committed by the defendant constituted deficient performance and amounted to prejudice that required a new trial (D) holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue (E) holding that failure to object to properly admitted evidence was not deficient performance by trial counsel
[EX A]:
(C)