With no explanation, chose the best option from "A", "B", "C" or "D". parties undertaking voluntary cleanups should consider. See 40 C.F.R. § 300.700(c)(3)® & (c)(5)-(7). One set calls for an opportunity for public comment concerning the selection of a response action, and identifies a set of potentially applicable NCP regulations. Id. § 300.700(c)(6)(i)-(v) (the “public participation” requirement). Failure to substantially comply with the public participation requirement is considered a material deviation from the NCP- and is grounds for summary judgment. See 40 C.F.R. 300.700(c)(3)® (2007) (providing that private party response action must result in a “CERCLA-quality cleanup”); 55 Fed.Reg. 8666, 8793 (1990) (explaining that meaningful public participation is necessary element of CERCLA-quality cleanup); see also, e.g., Union Pac., 215 F.3d at 839 (<HOLDING>); Carson Harbor Village, 433 F.3d at 1266-67

A: holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice
B: holding that dismissal for failure to comply with discovery orders is on the merits
C: holding that plaintiffs failure to substantially comply with public participation requirement rendered cleanup inconsistent with ncp
D: holding plaintiffs failure to comply with section 2622 requires dismissal in federal court
C.