Air pollution is about protecting an individuals property, not the air itself: lungs, orchards, fields, etc. Air is simply how the property damage was delivered. So, no one owns the air, but property damage dealt through the air should be pursued in court, like any other property damage.

And let’s not kid ourselves that the government has real incentive to reduce pollution. Overnight, someone like Trump gets put in charge and happily encourages the poisoning of the environment and individuals can’t sue in court, because the government said it was ok to pollute.