Dierker

MEMORANDUM **

Jerry Dierker, Jr. and Larry Dudley appeal pro se the district court’s judgment in favor of defendants in their action alleging that various local, state and federal agencies violated environmental laws in connection with a sediment remediation and cleanup project in Olympia, Washington. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam). We affirm in part, vacate in part, and remand.

The district court properly dismissed appellants’ Comprehensive Environmental Response Compensation and Liability Act *268 (“CERCLA”) claims against the Environmental Protection Agency (“EPA”) because appellants failed to identify any non-discretionary act or duty that the EPA allegedly failed to perform. See 42 U.S.C. § 9659 (a) (authorizing citizen suits against the EPA administrator for failure to perform any act or duty which is not discretionary).

The district court properly dismissed appellants’ National Environmental Policy Act (“NEPA”) claims against the state and local defendants because the overall environmental cleanup action did not constitute a “major Federal action.” See Ka Makani ’O…