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Court Rules Constitution Does Not Guarantee a Right to Clean Drinking Water

A federal appeals court has ruled that the U.S. Constitution does not explicitly guarantee Americans a right to clean drinking water

By Deion Allen
Black America Web
https://blackamericaweb.com/

Source: Jack Tamrong / Getty

Court Rules Constitution Does Not Guarantee a Right to Clean Drinking Water

A federal appeals court has ruled that the U.S. Constitution does not explicitly guarantee Americans a right to clean drinking water, rejecting a lawsuit brought by residents of Jackson, Mississippi, over the city’s lead-contaminated water system.

The case stems from a 2022 lawsuit in which residents alleged that Jackson officials knowingly allowed residents to be exposed to unsafe drinking water. The 5th U.S. Circuit Court of Appeals upheld a lower court’s decision to dismiss the case.

The ruling does not mean residents have no legal protections against contaminated water. Federal laws, including the Safe Drinking Water Act and Clean Water Act, establish protections for water quality. However, the court determined that those protections do not amount to a fundamental right to clean drinking water under the U.S. Constitution.

The EPA and Army Corps of Engineers are also working on new rules defining which wetlands and waterways receive federal protection under the Clean Water Act following a 2023 Supreme Court decision that narrowed federal authority.

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