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Suitability Analysis and Representation Goals for Cottonwood-Willow Forest Habitat: Sonoran Desert Conservation Plan

ContributorsFonseca, Julia (Author) / Regan, John J. (Author) / Pima County (Ariz.). County Administrator's Office (Publisher)
Created2001-10
Description

If one species had to be chosen to preserve and restore, perhaps it should be cottonwood. Cottonwood-willow forests, where they exist and are healthy, indicated the presence of a viable riparian area, which is in turn the key to conserving great proportions of our native species. A reflection of the…

If one species had to be chosen to preserve and restore, perhaps it should be cottonwood. Cottonwood-willow forests, where they exist and are healthy, indicated the presence of a viable riparian area, which is in turn the key to conserving great proportions of our native species. A reflection of the dire status of our riparian systems is that the Sonoran cottonwood-willow and Sonoran mesquite-cottonwood forests.
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Endangered Species Act and the Constitution

ContributorsBosselman, Fred P. (Author) / Pima County (Ariz.). County Administrator's Office (Publisher)
Created1999
Description
When we talk about Constitutional issues in relation to the Act, we are really asking is there a likelihood that it is unconstitutional in part or as applied to particular situations? The first risk is that some parts of it will be held to have been beyond the power of…

When we talk about Constitutional issues in relation to the Act, we are really asking is there a likelihood that it is unconstitutional in part or as applied to particular situations? The first risk is that some parts of it will be held to have been beyond the power of Congress to enact because they are not permissible exercises of the Interstate Commerce power. The second issue is the application of the Act to certain tracts of private property in a manner that would deprive that property of all beneficial use and constitute a taking of property. The third is that the mitigation demanded by the government as a condition for being allowed to take endangered species will exceed the power of government to demand because of a lack of a nexus in rough proportionality-- two tests that the Supreme Court has come up with in recent years.