Teacher: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.
Teacher: Now, understand the problem? Solve this instance: S.Ct. 693, 145 L.Ed.2d 610 (2000). When plaintiffs assert a claim based on threatened or future injury, however, they must show that the injury is so imminent as to be "certainly impending." Pub. Interest Research Group v. Magnesium Elektron, Inc., 123 F.3d 111, 122 (3d Cir.1997) (quoting Whitmore v. Ark., 495 U.S. 149, 155-58, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990)). Here, the challenged Ordinance itself is not the injury Plaintiffs complain of, but, by allowing development on that parcel of land, the Ordinance increases the risk that Plaintiffs aesthetic and recreational interests will be harmed. Numerous courts have held that increased risk of future injury is sufficient to establish imminency of injury for purposes of standing. See Baur v. Veneman, 352 F.3d 625, 633 (2d Cir.2003) (<HOLDING>). In a case involving increased risk of harm,
Holding statements: (A) holding that a plaintiff meets the injuryinfact requirement for standing if he faces a credible threat of harm and that harm is both real and immediate not conjectural or hypothetical (B) recognizing that while in a diversity case a federal court may not address the plaintiffs claim unless the plaintiff has standing to sue under state law the plaintiff must also meet article iii standing requirements (C) recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing (D) holding noneconomic harm satisfies article iii standing requirements (E) holding that plaintiff had standing based on increased risk of contracting an illness and citing the followingfriends of the earth inc v gaston copper recycling corp 204 f3d 149 160 4th cir2000 en banc concluding that tjhreats or increased risk constitutes cognizable harm sufficient to meet the injuryinfact requirement central delta water agency v united states 306 f3d 938 94748 9th cir2002 holding that the possibility of future injury may be sufficient to confer standing on plaintiffs and concluding that plaintiffs could proceed with their suit where they raised a material question of fact as to whether they will suffer a substantial risk of harm as a result of the governments policies johnson v allsteel inc 259 f3d 885 888 7th cir2001 holding that the increased risk that a plan participant faces as a result of an erisa plan administrators increase in discretionary authority satisfies article iii injuryinfact requirements walters v edgar 163 f3d 430 434 7th cir1998 reasoning that a probabilistic harm if nontrivial can support standing cert denied 526 us 1146 119 sct 2022 143 led2d 1033 1999 mountain states legal found v glickman 92 f3d 1228 123435 dccir1996 recognizing that an incremental increase in the risk of forest fires caused by the forest services action satisfied article iii standing requirements
Student:
(E)