Smallwood v. United States Army Corps of Engineers , 423 F. App'x 684 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CRAIG SMALLWOOD, No. 09-16730
Plaintiff - Appellant, D.C. No. 1:08-cv-00512-DAE-
KSC
v.
UNITED STATES ARMY CORPS OF MEMORANDUM *
ENGINEERS; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Hawaii
David Alan Ezra, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Craig Smallwood appeals pro se from the district court’s judgment
dismissing his action alleging various environmental claims. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo, AlohaCare v. Haw. Dep’t of Human
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Servs., 572 F.3d 740, 744 n.2 (9th Cir. 2009), and we affirm.
The district court properly dismissed as time-barred Smallwood’s National
Environmental Policy Act (“NEPA”) challenges to the federal agency actions that
occurred in 1993 and 2002. See Wind River Mining Corp. v. United States, 946
F.2d 710, 712 (9th Cir. 1991) (six-year statute of limitations).
The district court properly dismissed Smallwood’s NEPA claim concerning
the 2005 permit amendment and the Clean Water Act claim because Smallwood
failed to allege facts showing that the U.S. Army Corps of Engineers’ decisions
were arbitrary or capricious. See 5 U.S.C. § 706(2)(A) (standard for reviewing
agency decisions).
The district court properly dismissed Smallwood’s Endangered Species Act
(“ESA”) claim because Smallwood did not comply with the statutory notice
requirement. See 16 U.S.C. § 1540(g)(2)(A); Save the Yaak Comm. v. Block, 840
F.2d 714, 721 (9th Cir. 1988) (the ESA notice requirement is jurisdictional).
Smallwood’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-16730