Proposition 65

The Safe Drinking Water and Toxic Enforcement Act of 1986

ELF files suits in the public interest against violators of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Simply put, Proposition 65 requires businesses to provide clear and reasonable warning before they expose any individual to a chemical known to the state to cause cancer or reproductive toxicity. It also absolutely prohibits putting any such chemicals into any source of drinking water. ELF uses Prop 65 and other California laws to protect consumers and drinking water from exposure to these hazardous chemicals.

ELF enforces laws not only to reduce toxic exposures and to improve drinking water quality, but also to ensure that complete and accurate information about toxic chemicals is provided to persons exposed to them. ELF has pioneered use of environmental laws to ensure that information about toxic chemicals such as lead, toluene, and mercury reaches affected workers, low income communities, and consumers.

The text of Proposition 65 can be found at the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) website by clicking here.

Useful Proposition 65 Links

Articles

• Environmental Justice Enforcement: Using Old Tools for New Problems: A guide to Environmental Regulation and Toxics enforcement with special emphasis placed on Propsition 65 by James R. Wheaton.
• Identifying Chemical Hazards for Regulation: The Scientific Basis and Regulatory Scope of California’s Proposition 65 List of Carcinogens and Reproductive Toxicants: An article on Proposition 65 by William S. Pease.
• The Continued Success of Proposition 65 in Reducing Toxic Exposures: An article published in the Environmental Law Reporter by Cliff Rechtschaffen and Patrick Williams.

Websites

• The California State Office of Environmental Health Hazard Assessment (OEHHA).
• OEHHA’s List of Proposition 65 Chemicals.
• Office of the Attorney General, State of California, Prop 65 Information.
• California League of Environmental Enforcement Now: CLEEN is a statewide coalition of environmental and public health organizations, advocates and law firms committed to protecting and strengthening laws regulating toxic pollution and keeping drinking water safe.
• Prop 65 Clearinghouse: Their expert staff provides an independent source of news with over 15 years experience in Prop 65.