Read the following excerpt from a US court opinion:
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court denied the motion, but did clarify that “the Lummi U & A should include nearshore waters immediately to the south of San Juan Island and Lopez Island.” The Lum-mi appealed both the district court’s original decision and its denial of their motion for reconsideration. Standard of Review The parties disagree over what standard of review we should apply in analyzing the district court’s conclusion that the law of the case holds that the Lummi U & A does not include the waters west of northern Whidbey Island. The Klallam argue that the correct standard of review is abuse of discretion, and that there are only five circumstances under which a district court abuses its discretion in applying the law of the ease, none of which applies here. See Lummi Indian Tribe, 235 F.3d at 452-53 . Abuse of discretion, however, is the standard
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that the trial court abuses its discretion when it commits an error of law in reaching a discretionary decision
B. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand
C. holding law of the case principles do not prevent this court from revisiting a prior ruling if that ruling was clearly erroneous and would work a manifest injustice
D. recognizing that four reasons for granting a rule 59e motion are manifest errors of law or fact newly discovered or previously unavailable evidence manifest injustice and an intervening change in controlling law
E. holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result
Reply with [A, B, C, D, E] only.