If companies are going to get in trouble for polluting, that's not going to be good for business, so they're going to have to figure out a way to defend pollution to save their bottom lines. So here's how they might go about defending the toxic chemicals they pollute into the environment, especially the ones that are elements: carbon, mercury, lead, arsenic, etc. (They'll simply treat all pollutants as elements and skirt the issue of the others that aren't: then it's just a lie of omission.)
"Restrictions on hazardous elements amount to discrimination! These elements cannot help what their intrinsic qualities and environmental effects are any more than animals can, and holding these things against them is clearly unethical. Hey, man: save the hazardous polluting elements!"
That ought to work. Don't you think?