The argument that the passage of Proposition 51 would aid toxic polluters is fallacious.
The purpose of the proposition is to fix damages in proportion to responsibility. Currently, in a toxic pollution case the plaintiffs would tend to concentrate not on the major polluter but on a defendant who may be only peripherally involved, but who has the most insurance (the deep pocket). The new law would encourage plaintiffs to go after those most responsible for the damages.
John Van DeKamp's "toxic polluter" pitch against Proposition 51 makes good 30-second theater, but the logic stinks!