A free market without government doesn't prevent lawsuits against polluters that are ruining the air / water / climate / resources shared by everyone arbitrated

A free market without government doesn't prevent lawsuits against polluters that are ruining the air / water / climate / resources shared by everyone arbitrated by third parties and backed by rights enforcement agencies (on both sides). Capitalism is not the root of the problem. If anything I'd say big companies lobbying big governments is the cause for no-one fixing this in 50 years.