Split En Banc 5th Circuit: Due Process Can’t Redress Contaminated Water Injuries

( September 14, 2026, 8:20 AM EDT) -- NEW ORLEANS — Residents of Jackson, Miss., who allege injury due to water contaminated by lead cannot seek redress under the U.S. Constitution’s due process clause, a divided en banc Fifth Circuit U.S. Court of Appeals ruled, affirming a ruling by a federal court in Mississippi and declining to “expand the Fourteenth Amendment to create novel theories of constitutional liability.”...