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—have now published a reply.2 We appreciate their taking the time to engage with these issues, and also appreciate the Commission’s longstanding
evading a direct decision thereon as by 62. The Court has also made findings of evasion under the Contracts Clause of the Federal Constitution; these
these fig- ures are, they are likely to get worse in the years ahead; the risk of disasters is on the rise. From 2000 through 2009, there were three
—in a clear reference to the ATS—that there was “no doubt that the company or individuals who have been injured by these acts of hostility have a
mercury pollution.3 Moreover, if these plants were subject to the same federal technology requirements imposed on their new source counterparts, their
factions in the States to entrench themselves or place their interests over those of the electorate”). the yale law journal 125 : 1 150 20 16
contract law denies them. The existence of these terms is evidence that effective duties to cooperate are not only useful in theory, but sought-after
have a due process right to receive meaningful procedural protections, including notice of their status and a fair hearing. The Note then proposes
would have particular therapeutic benefits. They then described not only the conditions necessary to reduce it, but also suggested specific
statutes, or whether they bind the parties un- less there is mutual consent to amend, as do contracts. Courts have engaged with each of these puzzles