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