You Don’t Have a Right to Safe Drinking Water, US Court Rules

The Fifth Circuit Court of Appeals recently upheld the dismissal of a lawsuit filed against the city of Jackson, Mississippi, alleging the city knowingly provided residents with lead-contaminated drinking water. The plaintiffs argued that the contamination violated their constitutional right to bodily integrity. However, U.S. District Judge Kurt Engelhardt disagreed, stating, "The Constitution does not provide redress for every governmental wrongdoing."

While some states, such as Uruguay, South Africa, New York, and Massachusetts, recognize the right to clean water in their constitutions, the Fifth Circuit ruled that the U.S. Constitution does not extend this protection. The plaintiffs alleged that the city withheld information about the water's toxicity and exacerbated the problem through boil-water notices, which, while reducing some bacterial contamination, could concentrate lead in the water.

The city, which is over 80% Black and has one of the highest poverty rates in the nation, has long struggled with an outdated water system. In 2015, the Mississippi State Department of Health found elevated lead levels in the water, but the city did not inform residents for six months. EPA officials later discovered persistent and concerning violations of water safety policies, including leaks, corrosion, and high lead levels.

Despite these findings, no agency took action to address the issue. The lawsuit's plaintiffs, including a mother named Priscilla Sterling, whose children later tested positive for lead poisoning, faced no compensation from the city. The ruling comes amid the Trump administration's efforts to weaken clean-water protections, including a recently released supplemental rule aimed at further diluting the Clean Water Act.

Environmental groups have condemned this move, highlighting the potential consequences of inadequate water protection for American households.