Federal court rules: No constitutional right to clean water in landmark decision
In a controversial ruling that has drawn sharp criticism from legal experts and environmental advocates, a divided federal appeals court has declared that the U.S. Constitution does not guarantee the right to clean drinking water.
The 5th Circuit upheld the dismissal of the lawsuit brought by four residents of Jackson, Mississippi, for the violation of their right to bodily integrity under the Fourteenth Amendment, claiming that city officials knowingly permitted lead to pollute their drinking water.
Plaintiffs Priscilla Sterling, Raine Becker, Shawn Miller, and John Bennett contended that the lead poisoning caused by the negligent management of the city’s water supply led to serious health problems.
Some of Sterling’s children suffered from lead poisoning, which can lead to irreversible brain damage. About 83 per cent of the population in Jackson is African-American, while its poverty rate is twice as high as the national one.
Judge Catharina Haynes, a nominee of George W. Bush, partially dissented and said that this case is similar to the case of the water crisis in Flint. In her view, the plaintiffs deserved discovery at least.
This decision was issued while the Trump administration was working on regulations which will weaken Clean Water Act protections. Several states, including California, New York, and Massachusetts, have enshrined the right to clean water in their state constitutions.
