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.

(citing Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)). “The fundamental characteristic of a nonjusticiable ‘political question’ is that its adjudication would place a court in conflict with a coequal branch of government.” SCPIF, 369 S.C. at 142-43, 632 S.E.2d at 278 (citing U.S. v. Munoz-Flores, 495 U.S. 385, 393-94, 110 S.Ct. 1964, 109 L.Ed.2d 384 (1990)). Therefore, the courts will not rule on questions that are exclusively or predominantly political in nature rather than judicial. SCPIF, 369 S.C. at 143, 632 S.E.2d at 278 (citing Chicago & S. Air Lines v. Waterman S.S. Corp., 333 U.S. 103, 111, 68 S.Ct. 431, 92 L.Ed. 568 (1948)). This Court, specifically, has declined to opine on issues where the constitution delegates authority to the Legislature. See SCPIF (<HOLDING>); cf. Stone v. Leatherman, 343 S.C. 484, 541 
 Holding statements: (A) holding that party that failed to object to instruction that jury not answer a question based on its answer to the prior question waived that partys right to have the jury make findings as to the subsequent question (B) holding in answer to the single question of whether power has been lawfully vested that municipal court clerks may issue warrants (C) holding that a challenge to the proper weight of the evidence is a question of fact outside this courts jurisdiction (D) holding the question of whether the jmsc properly determined residence of judicial candidate or gave proper weight to concerns regarding residency presented a nonjusticiable political question the court should decline to answer because the power to determine if a person is qualified to hold judicial office is vested with the legislature by the state constitution (E) holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine
(D)

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
(D)

U.S.S.G. § 3E1.1, cmt. n. 5. As noted, Mr. Amores pled guilty to two counts, but went to trial on the other three counts in the indictment. At the sentencing, the district judge denied a downward departure because Mr. Amores “required the government to go to trial on three counts, disputing the government’s factual basis for a conviction.” Ill R. at 14. Adjustments are not proper where a defendant “puts the government to its burden of proof at trial by denying the essential factual elements of guilt.” U.S.S.G. § 3E1.1, cmt. n. 2. Although there are “rare situations” where a defendant may exercise his right to proceed to trial and still be found to have demonstrated an acceptance of responsibility for his conduct, this is not such a case. Id.; see Gauvin, 173 F.3d at 806 (<HOLDING>). The district court’s determination was not 
 Holding statements: (A) recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply (B) recognizing that such adjustments are rare (C) recognizing rule (D) recognizing change (E) holding that such provisions are valid

(B)