The purpose of the courts is to enforce the law, not to make it up, isn't it? Externalities such as pollution can be made more expensive through carbon taxes, which would encourage everyone to use less carbon and allow the wisdom of humanity to find better solutions than judges or politicians can develop alone in my view. Of course, I think politicians are afraid to do what is needed because they know it is unpopular to raise the price of gasoline, so they want to hide behind judges instead. People want "change" but don't want to change their behavior. And by your logic, anyone who has ever driven a car, flown on a plane or worn a pair of shoes could be sued in the courts for causing harm to others, including yourself, right? Sippery slope, that.