Mongabay · Climate & nature

US Court Denies Constitutional Right to Lead-Free Water

A U.S. federal appeals court ruled that residents of Jackson, Mississippi, do not have a constitutional right to lead-free water or truthful information from public officials regarding water safety.

The case involved Jackson residents who sued the city in 2022, alleging it allowed lead into the municipal water system and then misled them about its safety. They claimed this violated their 14th Amendment due process right to bodily integrity, especially for children vulnerable to lead poisoning.

A three-judge panel had previously allowed the claims to proceed, but the full Fifth U.S. Circuit Court of Appeals reversed this, stating it could not recognize new constitutional rights to be free from contaminated water or accurate information from officials.

The majority opinion suggested residents pursue tort claims for damages and political remedies instead of constitutional ones.

A dissenting opinion argued that the plaintiffs' allegations were plausible and that the court should recognize the "state-created danger" doctrine, which allows lawsuits against the government for creating or exacerbating dangers. This doctrine has been adopted by ten other federal appeals courts.

Legal experts criticized the majority decision, calling it a "travesty" and stating that plaintiffs should at least be allowed discovery to prove the city deliberately endangered residents.

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