Overview
- The full U.S. Court of Appeals for the Fifth Circuit issued the decision on Sept. 4, 2026, reversing a November 2025 three‑judge panel that had allowed 14th Amendment bodily‑integrity claims to proceed.
- The majority held there is no constitutional right to be free from contaminated municipal water and no constitutional right to truthful information from public officials, dismissing the plaintiffs’ federal due‑process theory at the pleading stage.
- A multi‑judge dissent argued the plaintiffs’ allegations were plausible, urged use of the state‑created‑danger doctrine and said discovery was needed to test claims that officials increased residents’ exposure to lead.
- Parallel remedies and oversight remain: the Justice Department and EPA continue enforcement under the Safe Drinking Water Act, an interim manager (JXN Water) says testing since 2017 has been below federal lead limits, and separate suits over state funding and equity proceed.
- The ruling creates a circuit split with Sixth Circuit decisions that allowed similar constitutional claims after Flint, Michigan, so the dispute could prompt further appeals and shape whether courts will recognize new substantive due‑process protections for public‑health harms.