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I think the former would be the first step and the latter would be the second step depending on how they respond to the first.

Last month, a federal appeals court actually ruled on a case just like this out of Mississippi stating that we have no right to clean drinking water from the government after they knowingly supplied their residents with lead contaminated water.

https://www.usatoday.com/story/news/nation/2026/09/07/court-constitution-right-clean-water/91649488007/

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