Detailed Instructions: 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.
Problem:as amended on denial of reh'g (July 28, 2006). In addition, no other statutory preclusion provision under 6972(b)(2)(A)-(C) applies to this RCRA citizen suit. Defendant does not contest this. In fact, even when EPA consent orders pursuant to CERCLA are in place, courts in this Circuit and elsewhere have found that such consent orders do not preclude citizen suits under RCRA, where the consent order did not remediate all of the harm. Organic Chems. Site PRP Grp. v. Total Petroleum, Inc., 6 F.Supp.2d 660, 665 (W.D.Mich.1998) (denying motion to dismiss RCRA citizen suit for cleanup of soil contamination where plaintiff alleged EPA had taken action only with respect to groundwater contamination); A-C Reorg. Trust v. E.I. DuPont de Nemours & Co., 968 F.Supp. 423, 430-31 (E.D.Wis.1997) (<HOLDING>). In sum, this court does not lack jurisdiction
Holding statements: (A) holding that railroads rights under 1862 act were for surface easement only (B) holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site (C) holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel (D) holding rcra claim regarding groundwater contamination not futile where epa consent order only expressly covered surface contamination and might not extend to groundwater (E) holding that amendment is futile if the proposed amended complaint does not state a claim upon which relief can be granted
Solution:
holding that railroads rights under 1862 act were for surface easement only