Obviously it's simpler for government to impose a pollution tax than to have large numbers of downstream
air owners sue polluters for breaches of contract. Why make it so complicated?
For every complex problem there is
a solution that is simple - and wrong. The environment is too fragile, and its future too important, to settle
on the basis of simplicity.
Nobody can have a stronger motive to
care for property than its owner.
As well as caring for his environment, a property owner can make some profits.
The alternative requires government, and hence the abandonment of all rationality.