US federal court says no constitutional right to clean water in Mississippi case

Key Points:

• A US fifth circuit court of appeals ruled that the federal constitution does not guarantee a right to clean water, upholding a lower court’s dismissal of a 2022 lawsuit by Jackson, Mississippi residents claiming their drinking water was contaminated.
• The court stated that the plaintiffs sought recognition of new constitutional rights without historical basis, specifically the right to be free from contaminated water and to receive accurate information from public officials.
• The ruling emphasized that residents should pursue remedies through tort claims or political processes rather than constitutional litigation, noting ongoing state and federal efforts to improve Jackson’s water quality.
• The court acknowledged serious government mismanagement but maintained that such issues do not amount to violations of deeply rooted constitutional rights or impose constitutional duties on states or municipalities to provide clean water.
• Separately, the NAACP has filed complaints and lawsuits alleging racial discrimination by Mississippi state officials for diverting federal funds meant for Jackson’s water infrastructure to predominantly white communities, exacerbating the city’s water crisis.