Chemical Hazards and the Public's RIGHT TO KNOW.

ENVIRONMENTAL law; POISONS; DRINKING water; ENVIRONMENTAL protection

This article examines the effectiveness of California's Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. In November 1986 after a successful campaign led by environmental organizations, the act was adopted overwhelmingly as an initiative by California voters. Dismayed by scandals in the hazardous waste management program of the U.S. Environmental Protection Agency and by failures in the state's toxics control programs, Californians readily accepted that the existing laws were too weak. Proponents of the act drew attention to two fundamental problems undermining existing environmental regulations. First, toxic chemicals were bring treated by government agencies as innocent until proven guilt of harming public health. Because many industries have significant incentives to obstruct the regulatory process and delay the imposition of costly controls, setting standards under all environmental laws moved slowly. Second, regulatory agencies could not be trusted to protect public health and the environment. Because bureaucratic agencies are under the control of the executive branch, political considerations often displace legislated mandates. Proposition 65 has been called revolutionary in concept, creating a new approach to toxic substance management.