Earlier quoted context omitted.
Yes it does, due to the structure of the environmental laws. In a libertarian system, you’d simply ban pollution (I.e. ban the externalizations of environmental costs), and then let the market and the courts hash things out. If a company was found dumping pollutants into the water, people would sue them, and the costs of all of that would get properly priced into the company’s products. But the environmental laws are…
Due to property rights, all pollution was illegal prior to the EPA. The EPA's purpose is to determine how much pollution is allowed. During the immediate period prior to the EPA, it wasn't so much it was legal, but the courts began to ignore property rights due to the pressures of what was believed to be common good to let industries thrive. In some cases property rights are much stricter and can be better enforced,…
By "immediate period" you mean a couple of hundred years before 1970. English courts started ignoring property rights (e.g. the right of downstream riparian users to undiminished water quality from upstream activities) in the 1700s or so during the first industrial revolution.