In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

Q: because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.

A: non-overruling
****
Q: accordingly, the holdings on this point in state ex rel. nelson v. sims and state ex rel. west v. kivett are overruled to the extent that they are inconsistent with this opinion.

A: overruling
****
Q: to the extent that they state that the appropriate standard is the preponderance standard, britt, buness, j.w., and todd are disapproved of.

A:
overruling
****