US appeals court finds no constitutional right to lead-free water
The US Court of Appeals for the Fifth Circuit ruled that residents of Jackson, Mississippi, do not have a constitutional right to drinking water from a municipal water system that is free of lead, or to reliable information from officials about its safety.
As Mongabay reports, on September 4, 2026, the full court ruled against a group of city residents who filed a lawsuit in 2022. The plaintiffs alleged that city authorities allowed lead to enter the water supply system and assured residents that the water was safe, although, according to their claims, they knew it was dangerous.
The majority’s position
Judge Kurt D. Engelhardt wrote in the majority opinion that the US Constitution “does not provide a remedy for every wrong committed by the government.” The court declined to recognize two new constitutional rights: the right not to be exposed to contaminated water and the right to receive accurate information from government officials.
In November 2025, a three-judge panel of the same appeals court allowed the claims against the city to proceed. However, the full court later ruled against the plaintiffs.
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Plaintiffs’ arguments and dissenting opinion
Jackson has a population of approximately 150,000 people, nearly a quarter of whom are children under the age of 18. The plaintiffs said that several of their children had been diagnosed with lead poisoning and require special educational, medical, social, vocational, and disability-related services.
They also argued that exposure to contaminated water and a lack of information about the risks violated the right to bodily integrity guaranteed by the 14th Amendment. In a dissenting opinion, Judge Catharina Haynes said the plaintiffs’ claims were plausible and that the court should have recognized the “state-created danger” doctrine. It allows lawsuits against authorities if they created a danger or made a person more vulnerable to it; the doctrine is applied by ten other federal appeals courts.
The majority said that residents may seek damages in a civil lawsuit and elect representatives who would better manage the public water supply system.
