According to standard homesteading theory, just as an individual can homestead and establish a property right in unowned land, they can also homestead and establish a pollution easement in unowned land. Whereas traditional homesteading gives a full property right, i.e. ultimate jurisdiction over land, pollution easements only give a limited property right, namely the right to pollute some land.
In his article Law, Property Rights, and Air Pollution, Rothbard writes (p.145-46):
The “first ownership to first use” principle for natural resources is also popularly called the “homesteading principle.” If each man owns the land that he “mixes his labor with,” then he owns the product of that mixture, and he has the right to exchange property titles with other, similar producers. This establishes the right of free contract in the sense of transfer of property titles. It also establishes the right to give away such titles, either as a gift or bequest. Keep reading...
