Environmental matters typically involve adverse organizations—government agencies, business entities or NGOs—not just two individuals. Moreover, they quite typically involve more than one party on each “side,” and sometimes have more than two sides. That situation poses some tactical issues for environmental lawyers.

While individual people may not always act rationally in a business or litigation context, they often do. A lawyer can assume that an individual opposing party has interests that he or she can express or that can be inferred by how he or she acts. The lawyer can expect those interests to result in a set of preferences among alternative outcomes that are predictable and rational.

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