A U.S. appellate court has ruled that the federal constitution does not guarantee a right to clean water, upholding the dismissal of a lawsuit by Jackson, Mississippi, residents who claimed tainted drinking water violated their constitutional rights.
This ruling has significant implications for public health and environmental justice, potentially limiting legal recourse for communities suffering from contaminated water supplies and raising questions about the extent of government responsibility for essential services.
A U.S. appellate court has ruled that the federal constitution does not guarantee a right to clean water. The decision came from the fifth circuit court of appeals, which upheld a lower court's dismissal of a 2022 lawsuit filed by residents of Jackson, Mississippi. The residents had claimed that contaminated drinking water, citing high lead levels and other pollutants, violated their constitutional rights.
The majority opinion stated that the residents sought to establish new constitutional rights without historical basis. Instead, the court suggested pursuing "tort claims" or engaging in political processes to secure clean water. The court acknowledged the plaintiffs' allegations of "serious government misfeasance" but concluded that "grievous" deprivations do not necessarily infringe upon deeply rooted constitutional rights.
The ruling also noted that a state does not have a constitutional duty to provide substantive services absent a special relationship, and municipalities are not constitutionally obligated to provide services like water treatment in a reasonably competent fashion. The court pointed to ongoing efforts by state and federal officials to improve Jackson's water quality through regulations and compliance plans.
Jackson residents have a history of water crises, with the NAACP filing a complaint in September 2022 alleging that Mississippi state authorities violated civil rights law by diverting federal funds intended for drinking water safety to white communities instead of Jackson. A subsequent lawsuit by the NAACP's Jackson branch in August 2025 sought to declare this diversion discriminatory and bar officials from continuing it.