TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: of the documents. In his report, Gage stated only that the witnesses could not recall whether or not Peng raised his fist, but that they saw Peng grab the documents from Mei Hu. Peng has submitted a declaration by C. Peng that neither he nor Mr. Chi ever told anyone anything about what happened. As the district court noted, Peng has not cast doubt on the fact that, prior to Peng’s arrest, Jonathan Hu, acting as interpreter, told Gage that the two witnesses saw Peng grab the documents from Mei Hu. Peng has cast doubt on the identity of the witnesses and the veracity of Jonathan Hu, but Gage could not have known this at the time of the arrest. We are satisfied that Gage made a reasonable investigation under the circumstances before he arrested Peng. See Fuller, 950 F.2d at 1442-44 (<HOLDING>). We conclude that the presence of a factual 
 Holding statements: (A) holding that police officers have a duty to conduct an investigation into the basis of the witness report (B) holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction (C) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (D) holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances (E) holding that witness statements in police report inadmissible

SOLUTION: (A)

PROBLEM: met where kayakers fell overboard and a rescue mission was attempted, because the “efficacy of search-and-rescue operations has a direct effect on the health and lives of seamen”). The second prong, which we have interpreted broadly, likewise is easily met. In Gruver, 489 F.3d at 984-86, for instance, a seaman was assaulted by a former maritime employer while the seaman slept in his ship, docked at a pier. The origin of the dispute lay in allegedly unpaid wages by the former employer. Id. We held that the lens through which to examine the relevant activity was the underlying wage dispute; because that dispute concerned maritime wages, the second prong was met. Id.; see also Mission Bay Jet Sports, LLC v. Colombo (In re Mission Bay Jet Sports, LLC), 570 F.3d 1124, 1129 (9th Cir.2009) (<HOLDING>). The activity here, whether characterized as a 
 Holding statements: (A) holding that the locality requirement for admiralty jurisdiction was met only to the extent that the claims arose from exposures that occurred on navigable waters (B) holding that a jetski injury met the second prong because the activity in question  operating a vessel in navigable waters  has a maritime connection (C) holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters (D) holding that wetlands adjacent to navigable waters are included in the term territorial waters (E) holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters

SOLUTION:
(B)