Just found an interesting article. Haven't read it yet, will put it up anyway. Deals with this topic heavily:
https://mises.org/etexts/environfreedom.pdf
edit: read it. it was basically a written down version of the lecture I posted in the previous thread.
There is so much wrong with this scenario it is hard to know where to begin a refutation. Perhaps we may best start with an empirical observation. If this criticism of the market were true, one would expect that, even if the Soviets couldn’t successfully run an economy, they could at least be trusted as far as the environment is concerned. In actual point of fact, nothing could be further from the truth.
Seriously, this guy doesn't ponder this issue very deeply. He confuses ability to do something with actually desiring to do something, and makes all government the exact same, all government policies the exact same, which is clearly wrong. Can government cause environmental harm? Sure, no one ever said they couldn't. That doesn't mean other's can't, at the same time, protect the environment. The soviet's programs weren't aimed at protecting the environment, so to say that they failed to protect the environment is just a stupid argument.
And this is to say nothing of the infamous Yellowstone Park forest fire,which the authorities refused to put out, citing ecological considerations;
So, when the authorities do the right thing, he complains that they didn't do anything? Not putting out the fire was an incredibly intelligent thing to do.
Up to the 1820s and 1830s, the legal jurisprudence in Great Britain and the U.S. was more or less predicated upon the libertarian vision of non invasiveness
In the 1820's and 1830's, we didn't know as much as we do now about environmental damage, and pollution. The more we learned, the more we realized that such a view of property rights was inadequate to deal with the overall problem of pollution
sue them, make them pay for their past transgressions, and get a court order prohibiting them from such invasions in future.
For this to work, you would have to be able to prove that the person was responsible -
which is not always feasible. If a smoke stack is next door to my house, that's a different issue than someone, five states away, spraying their crops with DDT. Would libertarian ideals work for the smoke stack next door? You betcha. Would they work for the DDT being sprayed five states away? Nope, because you would run into impossible difficulties in proving the source, and the lawsuit would get nowhere.
*edit*
I take back the DDT comment, for someone would live closer to the area than I. However, you would still have a host of other issues to address, and provability is still an issue in a court of law for most cases.
I think I should be clear though: I agree that to protect the environment, we have to give people the right's to protect their environment. Where we disagree on is how to enforce it, and how to achieve the ends desired. The court system would be heavily involved, but it cannot be relied upon to answer all questions - and there still the underlying question of what laws a judicial system upholds. In the extreme, too strong of property rights would be restricting on everyone else; if someone is allowed to say they don't want my breath on their property, becuase it's their property, and take me to a court of law because they're angry about their property being infringed upon unwillingly, then those property rights extend too far. So unless you want such unreasonable lawsuits being legitimate, you're going to have to draw the line somewhere on property rights; and where to draw the line is a different argument then if we should draw a line.