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Mississippi residents lose appeal after court says Constitution grants no right to clean water

"At times, some have had no water at all."

A hand holding a glass while water is being poured from a faucet.

Photo Credit: iStock

A federal appeals court dealt a major blow to Jackson, Mississippi, residents who argued that years of unsafe drinking water violated their constitutional rights.

For families living with fears of contamination, the ruling narrowed the path for forcing government accountability over one of the most basic human necessities: clean water.

Here's what to know

The Fifth Circuit, according to The Guardian, upheld the dismissal of a 2022 lawsuit filed by residents over lead and other contaminants in the city's water. The panel said the Constitution protects neither "the right to be free from exposure to contaminated water" nor "the right to accurate information from public officials."

The majority said the residents' arguments did not fit within established U.S. constitutional tradition. Instead, the judges pointed to non-constitutional paths such as tort claims and political remedies, including electing leaders who would run the water system more effectively.

While describing the allegations as "serious government misfeasance" and expressing concern for residents, the court said "our sympathies cannot be the basis" for turning those complaints into constitutional claims, the newspaper reported.

More background

Jackson's long-running water crisis has highlighted aging infrastructure, unequal investment, and eroding public trust. Unsafe water touches nearly every part of daily life, from drinking and cooking to bathing, child care, and keeping schools and businesses running.

Because Jackson is a majority-Black city, the battle over its water system has also become a civil rights issue. The NAACP alleged racial discrimination in a September 2022 complaint that, according to The Guardian, said Mississippi authorities repeatedly directed federal drinking water funds to white communities instead of Jackson.

"The result is persistently unsafe and unreliable drinking water and massive gaps in the access to safe drinking water that are intolerable in any modern society," Jackson residents wrote in their complaint to the Environmental Protection Agency.

That dispute over funding also led to another lawsuit. According to The Guardian, the NAACP's Jackson branch alleged in August 2025 that state officials "intentionally deprived [Jackson] residents … of access to federal relief funds" promised to address the city's water infrastructure emergency."

What's being done?

The court also pointed to continuing state and federal involvement, saying, per the outlet: "Plaintiffs have not been left to go at it alone. The State of Mississippi and federal government have worked for years, and continue today, to improve the city of Jackson's drinking water quality through regulations, investigations, and compliance plans."

Civil rights complaints, funding disputes, and potential tort claims may shape what happens next for residents seeking repairs, transparency, and compensation.

"We are pleased that the Fifth Circuit upheld the dismissal of these claims. The City remains committed to the health, safety, and well-being of every Jackson resident," Mayor John Horhn said in a statement, according to The Guardian.

In their EPA complaint, residents wrote: "Nearly all of the residents of Jackson have watched brackish, dirty, impure, and undrinkable water trickle from their taps. At times, some have had no water at all."

Where can I learn more?

Jackson's case is part of a much wider fight over who answers when a community can't rely on its water. The articles look at how courts, lawmakers, and even international bodies are handling that question elsewhere in the United States.

• In North Carolina, a U.N. panel declared Cape Fear River pollution a human rights issue.

• In Missouri, legislation backed by agriculture groups could weaken "nonpoint" water pollution enforcement.

• In Louisiana, a federal court decision cut protections for communities challenging pollution under civil rights law.

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