Rassah, what makes you think that we are not in a free market, at the moment?
A free market isn't a thing you're in, its how trade is being done. Buy stuff from Walmart, or cut someone's lawn for $20? Free market. Pay your monopoly utility power bills or have to sign a bunch of legal forms to hire someone? Not a free market. It's not an all or nothing thing. We live in a mix of both, and I believe free market solutions are better than solutions dictated and enforced with violence.
So you see nothing wrong with digging toxic shit into the ground, possibly leaking into the groundwater, despite not being "your" property?
If it's not your property, and you are damaging someone else's property without their voluntary consent, that's not a free market action, is it? You don't bash someone in the face with a hammer and call it free speech, right? The way you react to such toxic contamination of ground property is either pass laws that regulate dumping and impose fines, or allow owners to bring lawsuits and collect damages based on the actual amount of damage done. We already know the first one leads to dumping companies lobbying to lower the fines, and then just paying them to keep dumping.
herzmeister, already 6 minutes in of your linked video, and the guy, examplering a lady suing a factory over a polluted shirt, introduces new concepts that unfortunately raise more questions:
1. What if the factory hides the polluting?
2. How will this "court" enforce anything, if everything is voluntary?
2b. What if the factory doesn't recognize the court?
3. How do we know that the factory is responsible for the polluting?
4. What if the factory doesn't recognize "her" land as her property - seeing that the land was here long before she ever was?
1. If it's hidden, it's not hurting anyone
2. Will you do business with a company that was found to be doing wrong, or any other company that supports that business? Boycotts can work. Or you could hire a "bounty" law firm or team that would go after the factory to force it to pay up, in exchange for keeping the money.
2b. If it's an obvious pollution problem, you won't need a court decision to do #2.
3. If your property is being polluted, I would guess you would want to know who is doing it.
4. Then neither she, not anyone else, like a competing company, has to recognize their property either, and no one will defend that factory when someone else comes in and takes over.
Now questions back at you
1. Factories pay off regulators to ignore pollution, or to make it technically within regulatory limits, or to make fines so small they can be paid as part of doing business. Regulators aren't subject to voting. What do you do?
2. Factories pick courts and arbitrators that are friendly to their business. You usually have no choice in which court this goes to. Plus they have a team of very expensive lawyers. You have no choice there either. What do you do?
3. When factories dump toxins on public property, there's often no one there to monitor that or find out about it. And when some regulator stumbles on it, they can get paid off. Tons of pollution happens on public property without consequences because no one owns that property, and no one cares. What would you do?
4. What if the factory decides that having a place to dump pollutants will be better for the local economy, because the factory can expand and hire more workers, and then asks the government to use its power of Eminent Domain to literally take someone's property by force, paying them minimum for it, so it can start polluting on it. It's all legal. What do you do?