Federal Appeals Court Rules No Constitutional Right to Clean Water

A federal appeals court has ruled that the U.S. Constitution does not guarantee a right to clean drinking water. On September 4, the 5th Circuit Court of Appeals upheld a lower court's dismissal of a lawsuit filed by residents of Jackson, Mississippi, who challenged the city's lead-contaminated water system. The plaintiffs argued that the city knowingly allowed unsafe water consumption, violating their constitutional right to bodily integrity under the Fourteenth Amendment's Due Process Clause. However, Judge Kurt Engelhardt, writing for the majority, stated that while the deprivation of clean water was serious, it did not infringe upon any deeply rooted constitutional right. The court also rejected claims of a constitutional right to truthful information from officials during public health crises. The lawsuit stemmed from state health department tests between 2010 and 2013 that revealed rising lead levels in Jackson's water supply. The judge distinguished this case from prior rulings involving bodily integrity, such as forced medical procedures, emphasizing that the Constitution does not provide remedies for every government failure. Instead, Engelhardt suggested residents seek change through political processes and government petitions. Although the U.S. and Mississippi constitutions do not explicitly protect access to clean water, some states like California and Virginia have enacted laws safeguarding this right. This ruling highlights ongoing legal challenges in addressing public health and environmental issues through constitutional claims.