instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
a threat to water quality because they do not introduce any invasive species from outside the Great Lakes. EPA has properly rejected this argument, noting that Lakers can spread or more rapidly distribute invasive species already present, in the Great Lakes. Id. at 501. 16 . Federal regulation permits such limits to be expressed narratively if the calculation of numeric limits is "infeasible.” 40 C.F.R. § 122.44(k)(3). 17 . EPA also claims general prohibitions can be BMPs, citing 40 C.F.R. § 122.2, but does not offer an example of something as general as the WQBEL standard being found to be a BMP. As discussed herein, the EPA’s charac-terizationis inconsistent with regulations that require WQBELs to "ensure compliance.” 40 C.F.R. § 122.4(d); see Auer, 519 U.S. at 461, 117 S.Ct. 905 (<HOLDING>). 18 . EPA’s response is that petitioners’ 
 Holding statements: (A) holding interpretation may not be inconsistent with regulation (B) holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation (C) holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation (D) holding that a secretarys interpretation of a departments regulation is controlling unless plainly erroneous or inconsistent with the regulation (E) holding that deference is owed to an agencys interpretation of its own categorical exclusion regulations so long as that interpretation is not plainly erroneous or inconsistent with the regulation
answer:
holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation


question:
is clear.” Investment Company Institute, 891 F.Supp.2d at 205. The appellants also assert that the agency improperly counted hypothetical benefits, but this assertion is incorrect. It was appropriate for CFTC to count the benefits flowing from its registration and disclosure requirements in § 4.5 and § 4.27, as the specifics of those requirements are finalized and not subject to the harmonization rule. The appellants further complain that CFTC failed to put a precise number on the benefit of data collection in preventing future financial crises. But the law does not require agencies to measure the immeasurable. CFTC’s discussion of unquantifiable benefits fulfills its statutory obligation to consider and evaluate potential costs and benefits. See Fox, 556 U.S. at 519, 129 S.Ct. 1800 (<HOLDING>). Where Congress has required “rigorous, 
 Holding statements: (A) holding that attorneys are not debt relief agencies (B) holding that new york city agencies cannot be sued (C) holding that agencies are not required to adduce empirical data that cannot be obtained (D) holding that state agencies are treated as states under the eleventh amendment (E) recognizing that administrative agencies are not bound by rules of evidence
answer:
holding that attorneys are not debt relief agencies


question:
Perkins’ testimony were not prejudicial in these circumstances. D. Downward Departures Kornegay claims that the district court erroneously denied him a downward departure on either of two bases. Both departure arguments relate to the 14-month state drug conviction sentence which Kornegay served after the drug deal at issue in this case but before he was indicted. The first ground for departure was premised on the government’s delay in prosecuting Kornegay in order to protect Chaney from being detected as an informant. Kornegay argued that this delay foreclosed the possibility of his federal sentence running concurrently with his state sentence and that a departure should be granted so that he would not be prejudiced. See United States v. Saldana, 109 F.3d 100, 104 (1st Cir.1997) (<HOLDING>). The district court declined to grant the 
 Holding statements: (A) holding that although the defendant was paroled rather than released unconditionally his state sentence was discharged for purposes of deciding whether the federal judge could impose a concurrent sentence (B) holding that prosecutorial delay that was extreme or sinister could support a departure if the defendant was required to serve a state sentence which could have been concurrent with the federal sentence had the federal prosecution proceeded sooner (C) holding that a federal sentence commences when the attorney general receives the convicted defendant into custody for service of that sentence (D) holding that the defendant was entitled to counsel when the offense for which he was tried could result in the imposition of a jail sentence (E) holding that federal and state courts have concurrent jurisdiction over  1983 claims
answer:

holding that although the defendant was paroled rather than released unconditionally his state sentence was discharged for purposes of deciding whether the federal judge could impose a concurrent sentence