Read the following excerpt from a US court opinion:
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action under subsection (d) of this section or section 311(b) of this title or section 1365 of this title [33 U.S.C. § 1321(b) or 1365]. 33 U.S.C. § 1319(g)(6)(A). Under this provision of the Act, private citizens are precluded from bringing a particular civil penalty action when the EPA is diligently prosecuting an administrative penalty action for the same violations, or when a state is diligently prosecuting an action under a state law "comparable" to section 1319(g). Section 1319(g) deals exclusively with administrative penalties. A. Comparability: Penalties Courts have differed over whether section 1319(g)(6)(A) precludes citizen suits where the state enforcement action does not seek damages. Compare North and South Rivers Watershed Ass'n v. Scituate, 949 F.2d 552 (1st Cir.1991)  and Sierra Club v. Colorado Refining Co., 852
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What is the most suitable continuation to the opinion? Your options are:
A. holding that even though the complaint was dismissed without prejudice as a sanction for misconduct and even though the order of dismissal was therefore not an adjudication on the merits the defendants were nevertheless properly considered the prevailing party for purposes of attorneys fees
B. holding state action comparable even though it did not seek monetary sanction
C. holding that appellant had standing to appeal because it was bound by the judgment even though it did not meet the second requirement
D. holding that the bankruptcy court did not abuse its discretion in imposing a monetary sanction of 25000 after counsel disregarded the courts previous admonishments
E. holding that state prisoner seeking only monetary damages in  1983 suit need not exhaust administrative remedies pursuant to  1997e if such remedies do not provide for the award of monetary relief
Reply with [A, B, C, D, E] only.