Once again you are showing what an ass you are.
There are no "common rights". There never have been and never will be. There are only individual rights, period.
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Under what principle? - spell it out exactly...
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People are born with the right to life which means you can breathe. Nobody can make it against the law for you to breathe. But you are not entitled to take from others based on your needs and you're not entitled to the earnings of others because a particular resource has become more scarce.
If you own land and someone pollutes on it a crime has been committed. If they pollute their own land no crime has been committed unless they pollute the water table and it gets onto your land. The same is true of all forms of pollution. The reason you haven't seen a case prosecuted is because the largest polluter on earth (The US government) won't allow themselves to be prosecuted because they claim to have immunity.