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.
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Question: WTT Project area as defined by the Corps. NEF contends that we need not consider the State's argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. "Rule 59(e) motions are 'aimed at reconsideration, not initial consideration.' " FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant's argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts
Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Answer: holding that the appellant waived an argument listed only in his summary of the argument

Question: 2 (emphasis added). In its Clarification, the FCC freed itself of this deadline, continuing to state that the order would last until the Fourth FNPRM but giving no time period in which that would occur. Clarification, 15 FCC Rcd 9587, at 1, 35. We hold that this extension newly aggrieved CompTel and thus made its petition timely. See Sam Rayburn Dam Elec. Coop. v. Fed. Power Comm'n, 515 F.2d 998, 1007 (D.C.Cir.1975) (stating that where a party was "aggrieved" by a later interpretation of a rule that it could not have reasonably anticipated, the time limit starts to run at the later event). Cases have held that extension of a temporary order may entitle the parties to seek judicial review of the order. See Public Citizen v. Nuclear Regulatory Comm'n, 901 F.2d 147, 151 (D.C.Cir.1990) (<HOLDING>); Illinois Cent. Gulf R.R. v. Interstate
Holding statements: (A) holding that where a temporary order is later made permanent the permanent order may be challenged (B) holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership (C) holding it was error for the court to issue a permanent injunction at a hearing to show cause why a temporary restraining order should not be continued via a preliminary injunction (D) holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence (E) holding an order that was interlocutory in form to be final in substance where the force and effect of the order was tantamount to a permanent injunction depriving complainant of a recognized property right

Answer: holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership

Question: remote and even imaginary and cannot be squared with the reality that the opinions of IPRA and their investigations are frequently scrutinized in the public forum." Pl.'s Sur-Reply Br. at 4. The Court does agree that there is some danger that compelling disclosure of the draft summary reports could impede the candor of IPRA pre-decisional discussions in the future. See Guzman, 2011 WL 55979, at *4 (positing that "requiring the production of communications among IPRA investigators and their supervisors constitutes an intrusion that would seriously hinder the frank discussion that governmental decisions deserve"). That IPRA investigative files are often sought in excessive force cases only increases the risk that disclosure could chill future deliberations. Cf. Evans, 231 F.R.D. at 317 (<HOLDING>). But the extent of the impact on IPRA
Holding statements: (A) holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues (B) holding that disclosing prepardon discussions would not hinder future pardon decisions because most pardon decisions are never the subject of or relevant to any litigation (C) holding that decisions by prior panels are binding (D) holding that this courts review of board decisions is limited to final orders or final decisions (E) holding that traditional allocation of burden of proof to the party challenging the decisions applies to decisions under the tca

Answer:
holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues