Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics employed.
Jeffrey G. Miller, Defending Superfund and RCRA Imminent Hazard Cases, 15 Nat. Resources Law. 483 (1983), http://digitalcommons.pace.edu/lawfaculty/248/.