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.
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Question: Thus, CERC-LA specifically provides for a private right of action to institute civil actions to recover the costs involved in the cleanup of hazardous wastes from those responsible for their creation. Dedham Water Co. v. Cumberland Farms Dairy, Inc., 889 F.2d 1146, 1150 (1st Cir.1989); 3550 Stevens Creek Assocs. v. Barclays Bank of Cal., 915 F.2d 1355, 1357 (9th Cir.1990), cert. denied, 500 U.S. 917, 111 S.Ct. 2014, 114 L.Ed.2d 101 (1991). Moreover, an entity that is responsible for the remediation of a hazardous waste site under CERCLA may assert a claim for contribution against other responsible parties under § 9613(f). New Castle County v. Halliburton NUS Corp., 111 F.3d 1116, 1122 (3d Cir.1997). See also SC Holdings, Inc. v. AAA Realty Co., 935 F.Supp. 1354, 1362 (D.N.J.1996)(<HOLDING>). In its reply papers, the Novak Group does not 
 Holding statements: (A) holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site (B) recognizing a right to contribution (C) holding that investigatory costs are considered costs of response under cercla (D) holding that parties liable for at least a portion of the costs of remediating a hazardous site are limited to the contribution scheme under section 9613f of cercla (E) holding that site control alone is an improper basis for imposition on lessees of owner liability under cercla

Answer: (D)


Question: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule

Answer: (A)


Question: v. Robinson, 533 S.W.2d 234, 240 (Mo.App.1975). Here, the trial court’s judgment in favor of Mazurkiewicz was based on the weakness of the Kempers’ title, as the trial court stated Plaintiff has the superior title based upon the chain of title as presented in evidence as to that certain one-acre tract described in Defendant’s Exhibit B herein. Appellant’s claim to title starts from a tax deed and traces back the “Babb deed” as the originating deed but provides no confirming evidence of Babb’s title to convey. According to the trial court, Mazur-kiewicz prevailed because of a deficiency in Kempers’ title, their inability to trace “back” from the Babb deed, and not due to the strength of Mazurkiewicz’s own title. Trailwoods Homeowners’ Ass’n v. Scott, 938 S.W.2d 669, 670 (Mo.App.E.D.1997)(<HOLDING>). Mazurkiewicz presented no evidence to defeat 
 Holding statements: (A) holding that the party seeking to vacate the award has the burden of providing the court with the evidence to support its arguments (B) holding that a defendant may challenge the validity of prior convictions during a sentencing hearing and that the burden to establish invalidity is on the challenging party (C) holding that the taxpayer has the burden to prove the governments tax assessment is incorrect (D) holding that the party challenging a tax deed has the burden to prove its invalidity (E) holding that with two presumptively valid marriages in existence the ultimate burden rests on the party who advocates the second to prove the invalidity of the first

Answer:
(D)