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.

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
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

his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders's passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225
Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court
holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal

of abuse of discretion, and this Court will indulge every presumption in favor of the correctness of his ruling.' " Reynolds v. City of Birmingham, 723 So.2d 822, 824 (Ala.Crim.App.1998) (quoting Hall v. State, 348 So.2d 870, 875 (Ala.Crim.App.1977), cert. denied, 348 So.2d 875 (Ala.1977), cert. denied, 434 U.S. 1021, 98 S.Ct. 745, 54 L.Ed.2d 768 (1978)). First, the appellant argues that jurors S.M. and M.L. committed misconduct when they did not respond during voir dire examination to the questions asking whether any members of the venire knew him. However, he did not allege in his motion for a new trial or during the hearing on the motion that S.M. or M.L. knew him. Accordingly, this argument is not properly before this court. See Marshall v. State, 629 So.2d 766 (Ala.Crim.App.1993) (<HOLDING>). Second, the appellant argues that jurors S.M.
Holding statements: (A) holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified (B) holding that trial court did not abuse its discretion in overruling motion for new trial on perjury grounds (C) holding that notice must state the specific grounds for the departure (D) holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal (E) holding that to establish grounds for reversal an appellant must challenge all grounds on which the trial court ruled against it
holding that trial court did not abuse its discretion in overruling motion for new trial on perjury grounds