Pollution is a byproduct of production, which is a byproduct of civilization. Life without civilization would to the death of the vast majority people on earth, and life without production means certain death for all men. The proper balance between death from lack of production and death from excess pollution should be determined by an objective judicial process which conclusively proves cause and effect.
If a court can make a definitive causal connection between an injured party and a party responsible for a pollutant, it should demand compensation of harms. If it cannot find a responsible party guilty, but punishes an innocent party, it punishes man for his nature as a productive, industrial being and thus makes human life impossible.