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.
--------
Question: may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based." 16 U.S.C. 3117(a). 3 . As used in ANILCA, (1) The term "land" means lands, waters, and interests therein. (2) The term "Federal land" means lands the title to which is in the United States after December 2, 1980. (3)The term "public lands" means land situated in Alaska which ... are Federal lands.... 16 U.S.C. 3102(1) (3). 4 . Although navigability determinations have not yet been made on most of Alaska's waterways, it is likely that few waterways of significance to fisheries will be classified as non-navigable due to the expansive definition of navigable. See, e.g., Alaska v. Ahtna, Inc., 891 F.2d 1401, 1402-08 (9th Cir.1989) (<HOLDING>), cert. denied, 495 U.S. 919, 110 S.Ct. 1949,
Holding statements: (A) holding that river with depths of 1 to 3 feet and usable by inflatable rafts and small motorboats was navigable (B) holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream (C) holding that riparians owners have the right of access to the navigable part of the river the right to make a landing wharf or pier subject to such general rules and regulations of the legislature (D) 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 (E) holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable

Answer: (A)

Question: 199 F.3d at 248 n. 6. Moreover, when the plaintiff declares the sufficiency of his pleadings and makes no attempt to amend his complaint in response to the defendant's challenge pursuant to Rule 12(b)(6), dismissal is proper when the plaintiffs allegations fail to state a claim for which relief can be granted. See Spiller v. City of Texas City, 130 F.3d 162, 167 (5th Cir.1997). In addition, a plaintiff should not be granted leave to amend after being afforded repeated opportunities to do so. See Wilkins, 173 F.Supp.2d at 614; accord United States ex rel. Adrian v. Regents of the Univ. of Cal., 363 F.3d 398, 404 (5th Cir.2004) (noting that "pleading review is not a game where the plaintiff is permitted to file serial amendments until he finally gets it right"); Willard, 336 F.3d at 387 (<HOLDING>). Furthermore, "where a proposed amendment
Holding statements: (A) holding leave to amend was properly denied where the relator had previously filed two amended complaints (B) holding that dismissal with leave to amend should be granted even if no request to amend was made (C) holding district court properly denied leave to amend where application was four months late and appeared to be futile (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that the trial court properly refused to consider allegations in the disallowed amended complaints

Answer: (A)

Question: are not made moot by the law of the case doctrine because the later MOA does not encompass the entire project. The law of the case doctrine "expresses the practice of courts generally to refuse to reopen what has been decided, not a limit to their power." Messinger v. Anderson, 225 U.S. 436, 443, 32 S.Ct. 739, 56 L.Ed. 1152 (1912). The doctrine applies not only to issues decided explicitly, but also to everything decided "by necessary implication." Browning v. Navarro, 887 F.2d 553, 556 (5th Cir.1989). We reject this argument for the reasons discussed supra; the second, final MOA is a comprehensive document and supercedes the original. Corrective action by an agency can moot an issue. See, e.g., Commissioner v. Shapiro, 424 U.S. 614, 622-23 n. 7, 96 S.Ct. 1062, 47 L.Ed.2d 278 (1976) (<HOLDING>). Other circuits have found that subsequent
Holding statements: (A) holding service not defective where debtor had failed to notify court of his new address (B) holding that proper service of new notice of deficiency and new notices of levy moots question as to whether prior actions were procedurally defective (C) holding invalid procedurally defective interim regulations that were issued without notice and comment and in the absence of good cause (D) holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice (E) holding that where notice of deficiency fails adequately to describe the basis on which the commissioner relies for his deficiency determination burden shifts to the commissioner to prove the accuracy of the deficiency determination

Answer:
(B)