Issues would be a tort rather than coming from bureaucratic fiat. Because of the abridgement of such rights, the gate was swung wide open for pollution causing technology instead of development being steered toward usable and clean technology(which was possible, but pointless when the courts decided to ignore legitimate gripes against their croonies). It would take a while to sort out today because of the 150 year legacy of such political behavior, but it is quite fixable.
For things to clean up even faster and be even less tangled, de-nationalizing the roads and allowing the road owners to set various "Terms of Agreement" and so forth for road usage would steer us toward the optimum level of "economically" pollution based around the judgement of pollution versus "convenience" made by the consumers of road usage and so forth. Such an enviroment would also stimulate development in areas almost untouched now such as "air suckers" along roads that clean up the ambient air and so forth. Because the government owns the roads and not competiting private owners for the most part, there is no real incentive to go into such a field.
I can't predict the solutions the market would choose, but I can contrast the incentive structures and offer some gueses as to what things would look like.





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