With no explanation, chose the best option from "A", "B", "C" or "D". considered by the Commission in Idaho Falls II & III and City of Tacoma—those orders involved FY 1999/FY 2000 assessments (FY 1998/FY 1999 OFA costs). 11 . We note, however, our skepticism of the petitioners’ assertion that the Congress, when it amended section 10(e) to add "including any reasonable and necessary costs incurred by Federal and State fish and wildlife agencies and other natural and cultural resource agencies in connection with studies or other reviews carried out by such agencies,” intended to limit recoverable costs to those related only to "studies and other reviews.” The use of the word "including” itself indicates that the enumerated costs are not the sole recoverable costs. Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 188-89, 61 S.Ct. 845, 849-50, 85 L.Ed. 1271 (1941) (<HOLDING>) ("To attribute such a function to the

A: holding that userra authorized remedies including reinstatement with like status and backpay
B: holding that a district court may have jurisdiction over action taken by the national labor relations board despite an express statutory finality provision when the agency has acted in excess of its delegated powers and contrary to a specific prohibition in the national labor relations act
C: holding that national labor relations act provision authorizing nlrb to take affirmative action including reinstatement of employees did not limit boards remedies to reinstatement only
D: holding that the but for test applied in a mixed motive case under the national labor relations act
C.