Federal court rules no constitutional right to clean water
No constitutional right to clean water, federal court finds
A federal appeals court has ruled that the U.S. Constitution does not guarantee a right to clean drinking water, rejecting a lawsuit by Jackson, Mississippi residents over lead-contaminated water. The 5th Circuit upheld a lower court's dismissal, stating that while the harm was 'grievous,' it did not violate a 'deeply rooted' right. The plaintiffs had argued the city's failure to address lead levels and its false assurances violated their right to bodily integrity under the Fourteenth Amendment.
We are skeptical that the right to not be harmed by lead-contaminated water fits within the right to bodily integrity, and Plaintiffs point us to no historical tradition or Supreme Court precedent convincing us.