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]: 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
[A]: (D)


[Q]: to recall the mandate discussed in Calderon, by comparison, seek the adjudication of constitutional claims; they do not constitute collateral attacks on the integrity of the court of appeals’s judgment. Hence, they differ from true Rule 60(b) motions and must be denied. D. Having distinguished between SSHPs and Rule 60(b) motions, I nonetheless share the majority’s general concern that petitioners will disguise the former as the latter to avoid AEDPA’s restrictions. We must craft a holding that curtails this abuse. We do not write on a blank slate here, as virtually all of our sister circuits have addressed this issue. Some circuits have held that all Rule 60(b) motions are SSHPs, regardless of the nature of the claims presented. See Lopez v. Douglas, 141 F.3d 974, 975 (10th Cir.1998) (<HOLDING>); Gee v. Shillinger, 1998 WL 43155, *1-*2, 1998 
 Holding statements: (A) holding that the district court erred in failing to recharacterize a rule 60b motion as an sshp and reversing with the instruction to dismiss for lack of jurisdiction (B) holding that defenses under rule 60b may be waived (C) holding without specifying exceptions that rule 60b motions are sshps under aedpa (D) holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc  3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp (E) holding without extended discussion that the peti tioners rule 60b motion was an sshp under aedpa
[A]: (E)


[Q]: law, Schiller v. Physicians Res. Grp., Inc., 342 F.3d 563, 567-68 (5th Cir.2003), but that is not the situation here. 10 . Irrespective of whether Tate both possesses a liberty interest and was denied due process under Wilkinson v. Austin, 545 U.S. 209, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005)— issues that neither the majority nor I address — Tate did not show — before the district court granted summary judgment — any competent evidence of either a liberty interest or a due process violation, let alone sufficient evidence to satisfy his burden to defeat summary judgment. See Duffie v. United States, 600 F.3d 362, 371 (5th Cir.2010) ("[Tjhe nonmov-ing party cannot survive a summary judgment motion by resting on the mere allegations of its pleadings.”). 11 . See Templet, 367 F.3d at 479 (<HOLDING>). 12 .See Fanning v. Metro. Transit Auth., 141 
 Holding statements: (A) holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence (B) holding that the defendants evidence did not qualify as newly discovered evidence (C) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (D) holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed (E) holding evidence was not newly discovered because the underlying facts were well within the partys knowledge prior to the district courts entry of judgment
[A]:
(E)