Divided Fifth Circuit finds no constitutional right to clean water in Jackson case

The full Fifth Circuit Court of Appeals affirmed the dismissal of a lawsuit alleging that Jackson, Mississippi, officials knowingly allowed lead-contaminated water to harm residents and withheld accurate information about the danger. Writing for the court, Judge Kurt Engelhardt said the Constitution does not establish a right to clean drinking water or truthful information from government officials during a public-health crisis, and he said qualified immunity would also protect the officials. Residents alleged that years of neglected infrastructure, changes in the city’s water sources and misleading boil-water notices worsened lead exposure, while the city has disputed the claims. A divided group of judges dissented, arguing that the case should proceed so the allegations could be investigated. The ruling contrasts with several states and countries that explicitly protect access to clean water in their constitutions.