Full Posts

Bloglines Subscribe in Bloglines
Newsgator Subscribe in NewsGator Online
Google Add to Google
netvibes Add to Netvibes


ESAblawg is an educational effort by Keith W. Rizzardi. Correspondence with this site does not create a lawyer-client relationship. Photos or links may be copyrighted (but used with permission, or as fair use). ESA blawg is published with a Creative Commons License.

Creative Commons License

florida gators... never threatened!

If you ain't a Gator, you should be! Alligators (and endangered crocs) are important indicator species atop their food chains, with sensitivity to pollution and pesticides akin to humans. See ESA blawg. Gator blood could be our pharmaceutical future, too. See ESA musing.


Follow the truth.

"This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." -- Thomas Jefferson to William Roscoe, December 27, 1820.


Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

« It's only an emergency listing if FWS says it is. | Main| After the BigMac attack: Interior's mea culpa »

You can't blame the Feds for a county's (in)actions.

Bookmark :  Technorati  Digg This  Add To Furl  Add To YahooMyWeb  Add To Reddit  Add To NewsVine 

The Wilderness Society v. Kane County, 2007 WL 3124956 (D.Utah, Oct. 22, 2007)(County actions and inactions do not trigger Section 7 consultation on otherwise unmodified federal planning documents).

Although the ESA is seemingly an endless source of litigation for the Federal government, even the ESA has limits.  One of those limits is the need for a final agency action.  When environmentalists claimed a need for ESA Section 7 consultation, based on alleged actions and inactions by Kane County (actions that allegedly affected the Bureau of Land Management's off-road vehicle management plan for the Grand Staircase-Escalante National Monument) the Court dismissed the claim.  

Photo of Cottonwood Road, Grand Staircase-Escalante National Monument
For this and other photos, visit the Bureau of Land Management photo gallery.

Fundamentally, the Court held that Kane County's actions could not be characterized as federal actions, as it explained:  The clear language of the ESA, its implementing regulations, and the applicable caselaw require affirmative agency action in order to trigger the requirements of ESA Section 7…allegations concerning third party acts cannot trigger a Section 7 duty because Kane County's unilateral actions are not affirmative actions of the federal agency.  The federal plan is the same as it when it was previously consulted upon, and remains in effect, despite the actions of Kane County.