A federal appeals court has determined that the U.S. Constitution does not protect a right to clean and safe drinking water, according to a ruling issued on September 4. The decision came in response to a lawsuit filed by Jackson, Mississippi residents who alleged that city officials knowingly allowed lead-contaminated water to reach homes while providing false reassurances about its safety to the public.
The Fifth U.S. Circuit Court of Appeals upheld a lower court’s dismissal of the case, with Judge Kurt Engelhardt writing that access to safe water, while important, is not a constitutional right deeply rooted in the nation’s history and tradition. The court also rejected claims that officials’ false statements about water quality violated residents’ right to make informed health decisions. Judge Catharina Haynes dissented in part, arguing that residents had plausibly alleged a violation of their right to bodily integrity. Jackson’s mayor expressed satisfaction with the ruling, stating the city remains committed to resident health and safety.
The case carries broader implications for communities served by failing water systems. Federal data indicates that Black communities are more likely than white communities to be served by water systems with health-based violations of the Safe Drinking Water Act, and systems in predominantly Black communities take significantly longer to be repaired or improved. Jackson itself is more than 80 percent Black and has a poverty rate exceeding double the national average.
The city’s water crisis has persisted for decades, stemming from deferred maintenance, aging treatment equipment, leaking water mains, staffing shortages, and limited revenue. Residents have reported experiencing contaminated water for generations, with some traveling long distances for basic hygiene needs. Health experts have linked childhood lead exposure to lifelong cognitive impairment, with race identified as a primary factor in lead poisoning disparities across America.
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