How is the corporation going "straight to court" without some sort of government involvement?
You mention the prospect that "the government agency did not exist." So are you advocating just ripping out the EPA structure and leaving it to local district attorneys or state attorneys general or the U.S. Department of Justice to police environmental conduct, rather than these entities working in concert with the EPA?
Or are you advocating that instances of pollution be settled as a civil matter through the law of torts rather than prosecuted by the state as a criminal matter?
The second scenario creates LOTS OF PRACTICAL PROBLEMS.
1. What if I don't have money to hire a lawyer to sue someone who pollutes my land? Do I not deserve justice? And doesn't this create an incentive for corporations to pollute in poor areas because they know they can always get away with it there?
2.Some libertarians deny the concept of respondeat superior (that is that an employer/corporation is responsible for the torts of an employee).
Without this concept, an individual landowner could thus only sue the individual polluter for individual assets rather than sue the corporation itself. This simultaneously makes the case VERY HARD TO PROVE and VERY HARD TO RECOVER EQUITABLE DAMAGES.
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