Fifth circuit court rules US constitution does not guarantee right to clean water

On September 4, 2026, the Fifth Circuit Court of Appeals ruled that the U.S. Constitution does not guarantee a right to clean drinking water or accurate information from public officials. The en banc decision dismissed a 2022 lawsuit by Jackson, Mississippi, residents alleging that city officials knowingly exposed them to lead-contaminated water. While the majority suggested residents seek political or tort remedies, dissenters argued the situation mirrored the Flint water crisis.

Fifth Circuit water contamination ruling

• ▪The Fifth Circuit Court of Appeals majority opinion, written by Judge Kurt Engelhardt, stated that the deprivation of clean water and truthful information does not infringe upon any deeply rooted constitutional right.
• ▪Ten Republican-appointed judges on the Fifth Circuit Court of Appeals, including author Judge Kurt Engelhardt, formed the majority, while Judge Catharina Haynes and four liberal judges dissented.
• ▪The en banc Fifth Circuit Court of Appeals ruling on September 4, 2026, vacated a 2025 panel decision that had previously revived the Jackson residents' constitutional claims against the city.
• ▪Dissenting Fifth Circuit Judge Catharina Haynes argued that the Jackson residents' allegations mirrored the Flint water crisis and that the court should recognize the state-created danger doctrine.
• ▪On September 4, 2026, the en banc Fifth Circuit Court of Appeals affirmed the dismissal of a 2022 lawsuit against the city of Jackson, Mississippi, which alleged officials knowingly allowed residents to drink lead-contaminated water.

Jackson water crisis background

• ▪Testing by the Mississippi State Department of Health between 2010 and 2015 revealed elevated lead levels in the Jackson water supply, but officials allegedly remained silent for months.
• ▪In September 2022, the NAACP filed a civil rights complaint alleging Mississippi state authorities discriminated by diverting federal water safety funds from majority-Black Jackson to white communities.
• ▪The NAACP's Jackson branch filed a lawsuit in August 2025 against Mississippi state officials, alleging intentional deprivation of federal relief funds meant for Jackson's water infrastructure.
• ▪Jackson resident Priscilla Sterling, a plaintiff in the 2022 lawsuit against the city of Jackson, stated that several of her children were diagnosed with lead poisoning from the contaminated water.

Constitutional rights interpretation

• ▪The Fifth Circuit Court of Appeals majority stated that municipalities are not constitutionally obligated to competently provide sewerage, water treatment, or waste management services.
• ▪The Fifth Circuit Court of Appeals ruled that there is no constitutional right to receive truthful or accurate information from public officials during a public health crisis.
• ▪The Fifth Circuit Court of Appeals ruled that the U.S. Constitution's 14th Amendment due process clause does not guarantee a right to clean drinking water.
• ▪Fifth Circuit Judge Kurt Engelhardt wrote that the constitutional right to bodily integrity applies to cases like forced surgery, involuntary medication, or assault, but does not cover water system mismanagement.

Alternative legal remedies

• ▪Fifth Circuit Judge Kurt Engelhardt noted that even if a due process violation had occurred, Jackson city officials would be granted qualified immunity because no clearly established right was violated.
• ▪The Fifth Circuit Court of Appeals majority opinion suggested that Jackson residents seek redress through tort claims, petitioning representatives, or electing officials who will better manage the water system.

State-level water rights protections

• ▪While the U.S. Constitution does not guarantee clean water, state constitutions or laws in New York, Massachusetts, California, and Virginia protect access to safe water.
• ▪In contrast to the United States, countries such as Uruguay and South Africa have enshrined the right to clean drinking water within their national constitutions.

Debatable claims

• ▪The U.S. Constitution guarantees a right to truthful information during public health crises
• ▪The U.S. Constitution protects a right to clean drinking water