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.

[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
[A]: (A)


[Q]: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination
[A]: (C)


[Q]: Citizen’s Nat. Bank of Decatur v. Farmer, 395 NE2d 1121, 1123 (Ill. App. 1979) (deficiency action brought by assignee under retail installment contract for sale of motor vehicle following repossession); Massey-Ferguson Credit Corp. v. Casaulong, 62 Cal. App. 3d 1024, 1027 (Cal. App. 1976) (deficiency action arising from sale of farm equipment); Palmer, 219 A2d at 860-861. Because the predominant purpose of the Contract was the sale of a good, we agree with the Court of Appeals that it is governed by OCGA § 11-2-725 (l)’s four-year statute of limitation. It is undisputed that SunTrust’s deficiency claim seeking a deficiency judgment was filed more than four years after the cause of action accrued. See Radha Krishna, Inc. v. Desai, 301 Ga. App. 638, 641 (2) (689 SE2d 78) (2009) (<HOLDING>). Accordingly, SunTrust’s claim is barred under 
 Holding statements: (A) holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court (B) holding that the 120day time period begins to run after the agencys initial interview of the applicant (C) holding that limitation period begins to run at the time of the breach (D) holding that the oneyear period begins to run when the mandate of the court of appeals issues (E) holding that the limitations period begins to run at the time that the parties first enter into the franchise agreement
[A]:
(C)