Robert Hall v. Regional Transportation Commis

MEMORANDUM

Plaintiff-Appellant Robert W. Hall (Hall) appeals pro se from the district court’s order dismissing his claim that Defendants-Appellees failed to comply with the National Environmental Policy Act (NEPA) and Federal Aid Highway Act (FAHWA) in connection with the construction of a Las Vegas area highway. Our review of the district court’s determination that Hall’s suit is barred by the statute of limitations is de novo. Sierra Club v. Penfold, 857 F.2d 1307, 1315 (9th Cir.1988). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our decision.

All of Hall’s NEPA and FAHWA claims arise under the Administrative Procedure Act (APA), 5 U.S.C. § 702 . The APA has a six-year statute of limitations, Sierra Club, 857 F.2d at 1315 ; see also Jersey Heights Neighborhood Ass’n v. Glendening, 174 F.3d 180, 186 (4th Cir.1999), which begins to accrue at the time of a final federal agency action, see 5 U.S.C. § 704 . At the latest, all of Hall’s claims accrued on September 3, 1997, the date the Federal Highway Administration published notice in the Federal Register that federal environmental process related to the…