Ctr. for Biological Diversity v. Sam Hamilton, 453 F.3d 1331 (11th Cir. 2006). · Go Syfert
Ctr. for Biological Diversity v. Sam Hamilton, 453 F.3d 1331 (11th Cir. 2006). Cases Citing This Book View Copy Cite
“to de- termine whether the continuing violation doctrine applies, we usca11 case: 21-10644 date filed: 10/21/2022 page: 22 of 29 22 opinion of the court 21-10644 must consider the text of the relevant statute . . . .”
162 citation events (162 in the last 25 years) across 25 distinct courts.
Strongest positive: Doe v. Emory University, Inc. (gand, 2022-12-05)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Doe v. Emory University, Inc. (3×) also: Cited as authority (rule)
N.D. Ga. · 2022 · quote attribution · 1 verbatim quote · confidence high
e have limited the application of the continuing violation doctrine to situations in which a reasonably prudent plaintiff would have been unable to determine that a violation had occurred.
examined Cited as authority (verbatim quote) Jane Doe v. Richard L. Swearingen (4×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
to de- termine whether the continuing violation doctrine applies, we usca11 case: 21-10644 date filed: 10/21/2022 page: 22 of 29 22 opinion of the court 21-10644 must consider the text of the relevant statute . . . .
examined Cited as authority (verbatim quote) Drayton v. McIntosh County, Georgia (4×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
S.D. Ga. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
to determine whether the continuing violation doctrine applies, we must consider the text of the relevant statute . . . .
discussed Cited as authority (verbatim quote) West Virginia Highlands Conservancy v. Johnson (2×) also: Cited "see"
D.D.C. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
because section 2401 unambiguously imposes a six-year statute of limitations, our refusal to extend the application of the continuing doctrine comports with principles of sovereign immunity.
cited Cited as authority (rule) Sylvia Caravetta v. United States of America
S.D. Fla. · 2026 · confidence medium
Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006).
discussed Cited as authority (rule) Ethel Anderson, et al. v. Centurion of Florida LLC, et al.
M.D. Fla. · 2026 · confidence medium
The Eleventh Circuit has stated that it has “limited the application of the continuing violation doctrine to situations in which a reasonably prudent plaintiff would have been unable to determine that a violation had occurred.” Center for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006) (internal citations omitted).
discussed Cited as authority (rule) Ethel Anderson, et al. v. Centurion of Florida LLC, et al.
M.D. Fla. · 2026 · confidence medium
“If an event or series of events should have alerted a reasonable person to act to assert his or her rights at the time of the violation, the victim cannot later rely on the continuing violation doctrine.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006) (citation modified).
cited Cited as authority (rule) Carlos Alonso Cano v. 245 C&C, LLC
11th Cir. · 2025 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (per curiam).
cited Cited as authority (rule) Jamaal Bilal v. Jeffrey Benoit
11th Cir. · 2025 · confidence medium
USCA11 Case: 23-11703 Document: 64-1 Date Filed: 11/20/2025 Page: 16 of 20 16 Opinion of the Court 23-11703 Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) ROSSER v. POPE
M.D. Ga. · 2025 · confidence medium
Bur. of Prisons, 553 F. App’x 888, 890 (11th Cir. 2014) (quoting Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)); see also McGroarty v. Swearingen, 977 F.3d 1302, 1308-09 (11th Cir. 2020) (holding that continuing violation doctrine would not apply where plaintiff knew or should have known of claimed injury when he was informed that he had continuing registration requirements under sex offender registration laws).
cited Cited as authority (rule) Befaithful Coker v. Slyvester Warren, III
11th Cir. · 2025 · confidence medium
Ctr. for Biological Diversity v. Ham- ilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) Melanie Nicole Moore v. Pooches of Largo, Inc.
11th Cir. · 2025 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) Burns v. Secretary, Department of Homeland Security, Transportation Security Administration
M.D. Fla. · 2024 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006) (quotation omitted).
discussed Cited as authority (rule) Hamman v. University of Central Florida Board of Trustees
M.D. Fla. · 2024 · confidence medium
The Eleventh Circuit “distinguishes between the present consequence of a one[-]time violation, which does not extend the limitations period, and the continuation of that violation into the present, which does.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006).
cited Cited as authority (rule) Taylor v. Department of the Army
N.D. Ala. · 2024 · confidence medium
Doe v. Swearingen, 51 F.4th 1295, 1305 (11th Cir. 2022) (quoting Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)).
discussed Cited as authority (rule) Everett v. Georgia Department of Transportation
N.D. Ga. · 2024 · confidence medium
The Eleventh Circuit has “limited the application of the continuing violation doctrine to situations in which a reasonably prudent plaintiff would have been unable to determine that a violation had occurred.” , 453 F.3d 1331, 1335 (11th Cir. 2006). 9 outside the time period.” , 536 U.S. 101, 112 (2002).
discussed Cited as authority (rule) Eddy Jean Philippeaux v. United States
11th Cir. · 2024 · confidence medium
“The continuing violation doctrine permits a plaintiff to sue on an otherwise time-barred claim when additional violations of the law occur within the stat- utory period.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (per curiam).
cited Cited as authority (rule) Dr. Robert H. Wainberg v. James Mellichamp
11th Cir. · 2024 · confidence medium
Doe v. Swearingen, 51 F.4th 1295, 1305 (11th Cir. 2022) (quoting Ctr. for Bi- ological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)).
cited Cited as authority (rule) POLK v. LOPEZ-RIVERA
N.D. Fla. · 2023 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006).
discussed Cited as authority (rule) Thomas T. Tunstall v. Kelley O. Edwards
11th Cir. · 2023 · confidence medium
We also review de novo “the district court’s inter- pretation and application of the statute of limitations,” Ctr. for Bio- logical Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006), and the district court’s qualified immunity analysis, Hardigree v. Lofton, 992 F.3d 1216, 1223 (11th Cir. 2021).
discussed Cited as authority (rule) Lawrence v. Terry (INMATE 1)
N.D. Ala. · 2023 · confidence medium
“The continuing violation doctrine permits a plaintiff to sue on an otherwise time-barred claim when additional violations of the law occur within the statutory period.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) Green v. Dorchester County Sheriff Office
D.S.C. · 2023 · confidence medium
Plaintiffs previously argued in their response that the statute of limitations did not apply because the “continuing violation doctrine” allowed them “to sue on an otherwise time-barred claim.” ECF No. 82 at 2 (quoting Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)).
cited Cited as authority (rule) Eddie Ford, Jr. v. Frank Griswald
11th Cir. · 2023 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) MADDOX v. GIRTZ
M.D. Ga. · 2023 · confidence medium
Maddox undoubtedly knew of the conduct forming the basis of her claims at the time it 58 Kellat v. Douglas Cty., No. 10-15713-D, 2011 U.S. App. LEXIS 26442 , at *4 (11th Cir. Apr. 7, 2011) (citing Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006)). 59 Id. 60 USA Entm't Grp., Inc. v. Tony, 847 F. App'x 642 , 647 (11th Cir. 2021) (citing McGroarty v. Swearingen, 977 F.3d 1302, 1308 (11th Cir. 2020)). 61 Doe v. Swearingen, 51 F.4th 1295, 1306 (11th Cir. 2022) (citations omitted). 62 Id. (citing Knight v. Columbus, 19 F.3d 579, 581-582 (11th Cir. 1994) (“plaintiffs'…
discussed Cited as authority (rule) Center for Biological Diversity v. Bernhardt (2×)
D.D.C. · 2023 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006). 27 While these cases are on point, the Court will not adopt their reasoning.
discussed Cited as authority (rule) Robert Ralph DiPietro v. James F. Barron
11th Cir. · 2023 · confidence medium
“The continuing violation doctrine permits a plaintiff to sue on an otherwise time-barred claim when additional violations of the law occur within the statutory period.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) McKinnon v. Bryan County, Georgia Sheriff Deputy 1
S.D. Ga. · 2022 · confidence medium
Co., 252 F.3d 1208, 1221 (11th Cir. 2001); Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) North Dakota Retail Assoc. v. Board of Governors
8th Cir. · 2022 · confidence medium
Corp. v. United States, 906 F.2d 1362 , 1363 (9th Cir. 1990) (declining “to accept the suggestion that standing to sue is a prerequisite to the running of the limitations period” because “[t]o hold otherwise would render the limitation on challenges to agency orders we adopted . . . meaningless”); Vincent Murphy Chevrolet Co. v. United States, 766 F.2d 449, 452 (10th Cir. 1985) (“To hold that the twelve-year [quiet title act] statute of limitations did not begin to run until conditions began changing would give rise to an interpretation of the term ‘claim’ under § 2409a(f) which…
cited Cited as authority (rule) McKinnon v. Bryan County, Georgia Sheriff Deputy 1
S.D. Ga. · 2022 · confidence medium
Co., 252 F.3d 1208, 1221 (11th Cir. 2001); Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) Seals v. Aistrup
M.D. Ala. · 2022 · confidence medium
“The continuing violation doctrine permits a plaintiff to sue on an otherwise time-barred claim when additional violations of the law occur within the statutory period.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) Chabad of Prospect, Inc. v. Louisville Metro Board of Zoning Adjustment
W.D. Ky. · 2022 · confidence medium
Center for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006); see also Davidson v. America Online, Inc., C.
discussed Cited as authority (rule) Mitchell v. Elmore County Department of Human Resources (MAG+)
M.D. Ala. · 2022 · confidence medium
Moreover, the Eleventh Circuit has refused to apply the continuing violation doctrine when a plaintiff could have avoided the problem by filing within the statute of limitations period, as the doctrine is limited to “situations in which a reasonably prudent plaintiff would have been unable to determine that a violation had occurred.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006).
discussed Cited as authority (rule) Kannell v. Bureau of Prisons (2×) also: Cited "see"
N.D. Ala. · 2022 · confidence medium
The continuing violation doctrine allows a plaintiff to bring “an otherwise time-barred claim when additional violations of the law occur within the statutory period.” McGroarty v. Swearingen, 977 F.3d 1302, 1307 (11th Cir. 2020) (quoting Center for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)).
discussed Cited as authority (rule) Stern v. Roberts (2×)
M.D. Ala. · 2022 · confidence medium
The continuing violation doctrine resurrects “an otherwise time-barred claim when additional violations of the law occur within the statutory period.” McGroarty v. Swearingen, 977 F.3d 1302, 1307 (11th Cir. 2020) (quoting Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006)).
cited Cited as authority (rule) Maurice J. Jackson v. Ken Scott
11th Cir. · 2022 · confidence medium
Ctr. for Biological Di- versity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) Brantley County Development Partners, LLC v. Brantley County, Georgia
S.D. Ga. · 2021 · confidence medium
Co., 252 F.3d 1208, 1221 (11th Cir. 2001); Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) Morris v. Moats
N.D. Ga. · 2021 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (citing Hipp v. Liberty Nat’l Life Ins.
cited Cited as authority (rule) Rickey Giddens v. Hugh Lawson
11th Cir. · 2020 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) Innova Investment Group, LLC v. Village of Key Biscayne
S.D. Fla. · 2020 · confidence medium
Cir. of Fla., 699 F. App’x 897, 898 (11th Cir. 2017) (per curiam) (citing Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (per curiam)).
discussed Cited as authority (rule) Michael L. McGroarty v. Richard L. Swearingen
11th Cir. · 2020 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006). 4 We have noted the limits of this doctrine as follows: “this Circuit distinguishes between the present consequence of a one time violation, which does not extend the limitations period, and the continuation of that violation into the 3 Although the complaint does not specify, we presume that McGroarty’s information was posted online in 2004, since his complaint indicated it had been online for fourteen years, and the complaint was filed in 2018.
cited Cited as authority (rule) James D. Cornett v. Alabama Department of Transportation
11th Cir. · 2020 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
cited Cited as authority (rule) MAN AGAINST XTINCTION v. COMMISSIONER OF MAINE DEPARTMENT OF MARINE RESOURCES
D. Me. · 2020 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (citing 28 U.S.C. § 2401 (a)).
cited Cited as authority (rule) David P. Peterson, I v. Adam W. Overstreet
11th Cir. · 2020 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006); Elend v. Basham, 471 F.3d 1199, 1204 (11th Cir. 2006).
cited Cited as authority (rule) Kinard v. Centurion of Florda, LLC
M.D. Fla. · 2020 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1335 (11th Cir. 2006).
discussed Cited as authority (rule) Doye L. Heard v. Publix Supermarkets Inc.
11th Cir. · 2020 · confidence medium
Additionally, “[w]e review the district court’s interpretation and application of statutes of limitations de novo.” Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006) (quoting Tello v. Dean Witter Reynolds, Inc., 410 F.3d 1275, 1278 (11th Cir. 2005)).
discussed Cited as authority (rule) Krishna Reddy v. Department of Education, The State of Alabama
11th Cir. · 2020 · confidence medium
Center for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006); Roberts v. Gadsden Mem’l Hosp., 835 F.2d 793 , 799−800 (11th Cir.), opinion amended on reh’g, 850 F.2d 1549 (11th Cir. 1988).
cited Cited as authority (rule) Cecilia N. King v. Jennifer Bencie
11th Cir. · 2020 · confidence medium
For Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) Gen Land Off of the St of TX v. U.S. Fish and Wild
5th Cir. · 2020 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1335-36 (11th Cir. 2006) (concluding that failure to identify critical habitat is not a continuing violation).
cited Cited as authority (rule) Donald W. Rager v. Paige Augustine
11th Cir. · 2019 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006).
discussed Cited as authority (rule) Michael D. Arrington v. Harry M. Hausman
11th Cir. · 2019 · confidence medium
Ctr. for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (11th Cir. 2006). 2 Case: 18-11478 Date Filed: 01/09/2019 Page: 3 of 6 duty, the four-year statute of limitations applicable to that claim would have expired by 2007—long before Arrington filed his complaint.
Retrieving the full opinion text from the archive…
CENTER FOR BIOLOGICAL DIVERSITY, Sierra Club, Southern Appalachian Biodiversity Project, Georgia Forestwatch, Plaintiffs-Appellants,
v.
Sam HAMILTON, Regional Director, Region 4, United States Fish and Wildlife Service, Steven Williams, Director, United States Fish and Wildlife Service, Dirk Kempthorne, Secretary of the Interior, Department of Interior, Defendants-Appellees
05-15851.
Court of Appeals for the Eleventh Circuit.
Jun 28, 2006.
453 F.3d 1331
Lawrence D. Sanders, Turner Environmental Law Clinic-Emory University Sch. of Law, Justine Thompson, GA Ctr. for Law in the Pub. Interest, Atlanta, GA, for Plaintiffs-Appellants., Anna Katselas, U.S. Dept, of Justice, Washington, DC, for Defendants-Appellees.
Black, Pryor, Conway.
Cited by 106 opinions  |  Published
PER CURIAM:

The Center for Biological Diversity appeals the dismissal of its complaint as untimely under the six-year statute of limitations for suits against the United States. See 28 U.S.C. § 2401(a). This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing violation that permits a plaintiff to file suit more than six years after the deadline to perform that duty has passed. Because we conclude that the continuing violation doctrine does not apply, we affirm.

I. BACKGROUND

On April 19,1991, the Secretary issued a proposed rule to list two species of minnows, the Blue Shiner and the Goldline Darter, as threatened species. Proposed Threatened Status for the Fish the Gold-line Darter (Percina aurolineata) and Blue Shiner (Cyprinella caerulea), 56 Fed.Reg. 16,054 (April 19, 1991). On April 22, 1992, the final rule was promulgated. Threatened Status for Two Fish, 57 Fed.Reg. 14,786 (Apr. 22, 1992). In the final rule, the Secretary stated that the designation of a critical habitat — -the area in which the threatened or endangered species is found and to which the Endangered Species Act affords additional protections — “may be prudent but [ ] it is not now determinable.” Id. Although the rule said, “In the coming months, a proposed rule for the designation of critical habitat will be published,” id., the Secretary never proposed such a rule; to date, the Secretary has not designated a critical habitat for the threatened fish.

On September 2, 2004, the Center filed a complaint in federal district court that alleged that the Secretary violated its non-discretionary duty to designate a critical habitat for the Blue Shiner and Goldline Darter. See 16 U.S.C. § 1533(b)(6)(A), (b)(6)(C)(ii) (requiring the Secretary to publish a final regulation that designates the critical habitat within two years of the proposed regulation that listed the species as endangered or threatened); id. § 1540(g)(1)(C) (citizen suit provision). The Secretary conceded the failure to comply with the duty under section 1533, but argued that the complaint was untimely under the six-year statute of limitations that governs suits against the United States. See 28 U.S.C. § 2401(a). The Center argued that it complied with the six-year statute of limitations because the failure to designate a critical habitat was a “continuing violation.” See S. Appalachian Biodiversity Project v. U.S. Fish & Wildlife Servs., 181 F.Supp.2d 883, 887 (E.D.Tenn.2001). The district court found that the Endangered Species Act “does not impose a continuing duty on Defendants to designate a critical habitat” and dismissed the complaint as untimely.

[*1334] II. STANDARD OF REVIEW

“We review the district court’s interpretation and application of statutes of limitations de novo." Tello v. Dean Witter Reynolds, Inc., 410 F.3d 1275, 1278 (11th Cir.2005) (quoting United States v. Clarke, 312 F.3d 1343, 1345 n. 1 (11th Cir.2002)).

III. DISCUSSION

The sole issue before this Court is whether this suit was untimely on the ground that the failure of the Secretary to designate a critical habitat for a threatened species is a “continuing violation.” The continuing violation doctrine permits a plaintiff to sue on an otherwise time-barred claim when additional violations of the law occur within the statutory period. See Hipp v. Liberty Nat’l Life Ins. Co., 252 F.3d 1208, 1221 (11th Cir.2001). To determine whether the continuing violation doctrine applies, we must consider the text of the relevant statute, which is the Endangered Species Act. See Nat. R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 108-09, 122 S.Ct. 2061, 2069-70, 153 L.Ed.2d 106 (2002).

We first consider the provisions that govern the duties of the Secretary. The Act provides, “Within the one-year period beginning on the date on which general notice is published ... regarding a proposed regulation, the Secretary shall publish in the Federal Register ... a final regulation to implement” its determination whether a species is threatened. 16 U.S.C. § 1533(b)(6)(A). “A final regulation designating critical habitat of an endangered species or a threatened species shall be published concurrently with the final regulation implementing the determination that such species is endangered or threatened!].]” Id. § 1533(b)(6)(C). If the Secretary

deems that ... [the] critical habitat of such species is not then determinable, [the Secretary] may extend the one-year period ... by not more than one additional year, but not later than the close of such additional year the Secretary must publish a final regulation, based on such data as may be available at that time, designating, to the maximum extent prudent, such habitat.

Id. § 1533(b)(6)(C)(ii) (emphasis added).

We next consider the statutes that pertain to civil actions to enforce the Act. The Act permits “any person [to] commence a civil suit ... where there is alleged a failure of the Secretary to perform any act or duty under [section 1533] which is not discretionary with the Secretary.” Id. § 1540(g)(1)(C). The Act prescribes no statute of limitations, so the general six-year statute of limitations for suits against the United States applies. See 28 U.S.C. § 2401(a); Edwards v. Shalala, 64 F.3d 601, 605 (11th Cir.1995) (finding that section 2401(a) “sets an outside time limit on suits against the United States”). “Unlike an ordinary statute of limitations, § 2401(a) is a jurisdictional condition attached to the government’s waiver of sovereign immunity, and as such must be strictly construed.” Spannaus v. Dep’t of Justice, 824 F.2d 52, 55 (D.C.Cir.1987).

Because the Secretary stated in the April 22, 1992, rule that the critical habitat for the Blue Shiner and Goldline Darter was “not determinable,” Threatened Status for Two Fish, 57 Fed.Reg. 14,786, the Secretary was required to issue a final rule designating the critical habitat two years after issuance of the proposed rule on April 19, 1991. The parties agree that the Center could have brought suit based on the failure of the Secretary to comply with this deadline beginning April 20, 1993. The Center argues that April 20, 1993, is merely the first violation of section 1533; the Center contends that, under the continuing violation doctrine, the passage of each day creates an additional cause of[*1335] action, which triggers anew the running of the six-year limitations period. We disagree.

Nothing in the language of the Act supports the position of the Center. To the contrary, the Act counsels in favor of a single violation that accrues on the day following the deadline. See Toussie v. United States, 397 U.S. 112, 120, 90 S.Ct. 858, 863, 25 L.Ed.2d 156 (1970), superseded by statute, 50 U.S.C. app. § 462(d). The language “not later than” creates not an ongoing duty but a fixed point in time at which the violation for the failure of the Secretary to act arises. The requirement of section 1533 that the Secretary rely on “such data as may be available at the time,” 16 U.S.C. § 1533(b)(6)(C)(ii) (emphasis added), provides additional support for the position of the Secretary. If the duty were ongoing, it would be anomalous for Congress to require the Secretary to ignore new information when promulgating the rule.

This interpretation is consistent with our precedents that have addressed the scope of the continuing violation doctrine. First, this Court has distinguished between the continuing effects of a discrete violation and continuing violations: “In determining whether a discriminatory employment practice constitutes a continuing violation, this Circuit distinguishes between the present consequence of a one time violation, which does not extend the limitations period, and the continuation of that violation into the present, which does.” City of Hialeah v. Rojas, 311 F.3d 1096, 1101 (11th Cir.2002) (quotations omitted); see also Lovett v. Ray, 327 F.3d 1181, 1183 (11th Cir.2003). The Center complains of the continuing effects of the failure of the Secretary to determine the critical habitat by the statutory deadline, a one-time violation under the Act.

Second, we have limited the application of the continuing violation doctrine to situations in which a reasonably prudent plaintiff would have been unable to determine that a violation had occurred. “If an event or series of events should have alerted a reasonable person to act to assert his or her rights at the time of the violation, the victim cannot later rely on the continuing violation doctrine[.]” Hipp, 252 F.3d at 1222 (quoting Martin v. Nannie & the Newborns, Inc., 3 F.3d 1410, 1415 n. 6 (10th Cir.1993)). Because a reasonably prudent plaintiff would have been aware of the failure of the Secretary to act on the day following the deadline, the continuing violation doctrine does not apply.

Our conclusion that the continuing violation doctrine does not apply is also consistent with our statute of limitations and sovereign immunity jurisprudence. “The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 769, 85 L.Ed. 1058 (1941). “When the United States consents to be sued, the terms of its waiver of sovereign immunity define the extent of the court’s jurisdiction.” See United States v. Mottaz, 476 U.S. 834, 841, 106 S.Ct. 2224, 2229, 90 L.Ed.2d 841 (1986). “[T]he terms ‘upon which the Government consents to be sued must be strictly observed and exceptions thereto are not to be implied.’ ” McMaster v. United States, 177 F.3d 936, 939 (11th Cir.1999) (quoting Soriano v. United States, 352 U.S. 270, 276, 77 S.Ct. 269, 273, 1 L.Ed.2d 306 (1957)). Our predecessor court similarly observed that courts “will not, as a general rule, read into statutes of limitation an exception which has not been embodied therein.” Simon v. United States, 244 F.2d 703, 705 (5th Cir.1957) (quotation omitted). Because section 2401 unambiguously imposes a six-year statute of limitations, our refusal to extend the application[*1336] of the continuing doctrine comports with principles of sovereign immunity.

We recognize that at least one district court has applied the continuing violation doctrine to section 1533. See S. Appalachian Biodiversity Project, 181 F.Supp.2d at 887. We disagree with the reasoning of that decision. The conclusion of the Southern Appalachian court that the “[Secretary]’s non-action logically can only be construed as a continuing violation of 16 U.S.C. § 1533(b)(6)(C),” id., contradicts our Circuit precedent, which narrowly limits the scope of the continuing violation doctrine.

Finally, we note that our decision does not foreclose all relief for the Center. The Center may petition the Secretary “to designate critical habitat or to adopt a special rule to provide for the conservation of a species.” 50 C.F.R. § 424.14(d). Although the lack of an alternative remedy would not cause us to read an exception to the limitations period into the Act, the existence of an alternative remedy supports our conclusion that Congress did not intend the continuing violation doctrine to apply.

IV. CONCLUSION

The dismissal of the complaint is AFFIRMED.