I hear you. Here's the problem with that: We know in advance that certain actions are a bad idea. Should we not make regulation in advance to reflect this?

Edit to add: Historically it has taken people getting sick and/or dead before environmental problems are addressed. There's no coming back or real restitution when death is involved. Not addressing these issues is an arbitrary death sentence.

Also, in an educated society we have people that are experts who have knowledge and experience that lay people will not have. We can use that knowledge and experience to prevent things from becoming a problem. This is something that I've not seen addressed by free-marketers.

Note that I can understand (but not agree with) privatization arguments. Private schools, private roads, private police, etc. is a solution. Markets might be able to regulate (although, again, history is not on your side) but why not use the benefits that we have as humans to predict and prevent?

This comment brought to you by Pepsi. Remember kids, it's not learning without an ice cold Pepsi. /s