Fifth Circuit rules no constitutional right to safe drinking water
Trump-appointed judge dismisses Jackson, Mississippi lead contamination lawsuit, rejecting claims of constitutional harm.
What to know
- A Trump-appointed Fifth Circuit judge ruled the U.S. Constitution does not guarantee a right to safe drinking water or truthful government information about water toxicity, dismissing a lawsuit from Jackson, Mississippi residents poisoned by lead.
- Jackson officials concealed elevated lead levels for six months in 2015, and despite EPA findings of violations in 2020, no agency took action; residents, including children, developed lead poisoning, which causes permanent brain damage.
- The ruling contradicts nine U.S. states and a dozen countries including Uruguay and South Africa, where clean water is constitutionally protected; it came the same day Trump's EPA further weakened Clean Water Act safeguards.
“there is no 'constitutional right to truthful information from officials during a public health crisis.'”
Judge Kurt Engelhardt, Fifth Circuit judge · Wired ↗ · Sep 11
Kurt Engelhardt Fifth Circuit judge, Trump appointeePriscilla Sterling Jackson resident, lawsuit plaintiffJim Murphy National Wildlife Federation
How it unfolded 2 developments, newest first · click a bar or a number to jump articlesposts
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Trump EPA releases rule further diluting Clean Water Act protections
On the same day as the Fifth Circuit ruling, Trump's EPA released a supplemental rule to further dilute the Clean Water Act, drawing swift condemnation from environmental watchdogs.
“The administration is clearly struggling to craft a rule that will hold up in court while satisfying their donors' desire to effectively scrap these protections wherever possible.”
— Jim Murphy, National Wildlife Federation -
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You don't have a right to safe drinking water, US court rules - A Trump-appointed judge also said Americans have no “constitutional right to truthful information” during a public health crisis. https://www. motherjones.com/politics/2026/ 09/drinking-water-mississippi-lawsuit/
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Fifth Circuit affirms dismissal of Jackson water lawsuit
The Fifth Circuit Court of Appeals affirmed dismissal of the lawsuit, ruling the U.S. Constitution does not provide protection for a right to safe drinking water or truthful information about water toxicity during public health crises.
“The Constitution does not provide redress for every governmental wrongdoing. These deprivations, while grievous, do not infringe upon any deeply rooted constitutional right.”
— Judge Kurt Engelhardt -
background
Jackson residents file constitutional lawsuit over lead contamination — Residents including Priscilla Sterling filed a lawsuit alleging the city knowingly let them drink lead-contaminated water, claiming violation of their constitutional right to bodily integrity. Sterling's children were later diagnosed with lead poisoning.
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EPA tests confirm persistent water safety violations in Jackson — EPA officials ran tests and found 'persistent and concerning violations' of water safety policy, including leaks, corrosion, and high lead levels throughout the system. No city, state, or federal agency subsequently fixed the problem.
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Mississippi health officials discover elevated lead in Jackson water supply — Officials from the Mississippi State Department of Health found elevated lead levels in the water supply but remained silent about the issue for six months while residents continued drinking toxic water.
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first by Mastodon, 12d ago · also Wired