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.

Q: at the La Vega site. The fact that the Esso station at La Vega ceased its operations in 1998 does not change the prospective nature of plaintiffs' suit at the time it was brought. Moreover, in PauEuxet the Court stated that it did not agree "with the reasoning which, apparently, led the Louisiana district court, following the Hamker decision, to dismiss a number of actions simply because no violations occurred on the dates the complaints were filed. A plaintiff who makes allegations warranting injunctive relief in good faith, judged objectively, may recover a penalty judgment for past violations even if the injunction proves unattainable." Pawtuxet, 807 F.2d at 1094 (citing .1992); Umatilla Waterquality Protective Ass'n v. Smith Frozen Foods, Inc., 962 F.Supp. 1312, 1322 (D.Or.1997) (<HOLDING>). Accordingly, the court concludes as
Holding statements: (A) holding that wetlands adjacent to navigable waters are included in the term territorial waters (B) holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca (C) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (D) holding a discharge of pollutants is ongoing if the pollutants continue to reach navigable waters even if the discharger is no longer adding pollutants to the point source itself (E) holding that to achieve goals of cwa epa is required to establish and enforce technologybased limitations on individual discharges into the countrys navigable waters from point sources

A: (D)
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Q: customs and practices of the trade could conclude that WQIS's liability under Coverage C ceased once the Coverage A limit was reached. See Morgan Stanley, 225 F.3d at 275 (describing when a contract provision is ambiguous). First, the phrase "liabilities covered" in the Coverage C insuring provision could reasonably be read to refer only to liabilities that WQIS was required to cover under Coverage A, that is, up to $5 million per vessel. Under this interpretation, any liability above $5 million was not "covered," and - therefore defense costs incurred with respect to liabilities above $5 million did not arise from "liabilities covered." See Stonewall Ins. Co. v. Asbestos Claims Mgmt. Corp., 73 F.3d 1178, 1219 (2d Cir. 1995), modified on other grounds by 85 F.3d 49, 51 (2d Cir. 1996) (<HOLDING>). A reasonable person could conclude that once
Holding statements: (A) holding that costs are not fixed until judgment is entered and interest can only run on costs when due (B) holding that allied may not be held liable for portion of attorneys fees paid pretender of defense due to policy provision precluding reimbursement for defense costs voluntarily incurred (C) holding that trustee and personnel liability policy only covered the trustees and not the school itself (D) holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the insurance policy (E) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage

A: (E)
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Q: uncon-scionability." Woebse, 977 So.2d at 632 (citing Bland ex rel. Coker v. Health Care & Ret. Corp. of Am., 927 So.2d 252, 256 (Fla. 2d DCA 2006)). Procedural uncon-scionability necessarily takes into account the manner in which the agreement was made. Id. At the hearing, the Estate argued that the facts are identical, really, to the Woebse case, in that it was a five-minute process where she was told to sign here and here, that she didn't read the agreement. It wasn't explained as an arbitration agreement to her. It was not explained that it was a voluntary process. Thus, the Estate sufficiently demonstrated that a disputed issue exists as to the making of the agreement so as to require an evidentiary hearing. See Linden v. Auto Trend, Inc., 923 So.2d 1281, 1283 (Fla. 4th DCA 2006) (<HOLDING>). Accordingly, the trial court should have held
Holding statements: (A) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (B) holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue (C) holding university grievance committee hearing was not an arbitration proceeding even though hearing had significant characteristics of arbitration without substantial evidence to support an arbitration agreement (D) holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists (E) recognizing that a party may demonstrate that a disputed issue exists as to the making of an arbitration agreement through arguments of counsel at a hearing

A:
(E)
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