Community Letter To Judge Wingate - 0

Case 3:12-cv-00790-HTW-LGI Document 88-1 Filed 02/13/24 Page 1 of 4
VIA E-MAIL
February 12, 2024
The Honorable Judge Henry T. Wingate

United States District Judge
501 East Court Street
Jackson, MS 39201
Re: The United States of America et al. v. The City of Jackson, Mississippi
Case No. 3:22-cv-00686-HTWLGI (Safe Drinking Water Act Case) and No. 3:12-cv-790-
HTWLGI (Clean Water Act Case)
Dear Judge Wingate:

We represent the Mississippi Poor People’s Campaign and the People’s Advocacy Institute
(referred collectively herein as “Proposed Intervenors-Plaintiffs”) in the above-referenced case.
As the close of the stay in this case nears on March 1, 2024, and the parties presumably move
closer to a proposed settlement, the Proposed Intervenors-Plaintiffs urgently write, a second time,
to respectfully request an update on the status of the Motion for Leave to Intervene and supporting
documents filed on September 25, 2023, nearly five months ago. Please also see our previous
communication to the court on December 21, 2023, which was sent via email to
[email protected].
In the December correspondence, we noted several significant developments that occurred while
our clients awaited a ruling, including JXN Water’s rate increase and adjustment proposal. Per
JXN Water’s website, depending on the size of the meter, customers could see an increase of up
to 62.7 percent in their new bills. We hoped that the Court would view these changes as significant
developments affecting Jacksonians that should not take place without input from community
members. Yet, it appears JXN Water is moving forward with its proposed rate adjustment plan.
See Doc. 87 (Mot. for Order to Release SNAP Recipients List.). The community’s perspectives
on this issue are fundamental to the development of a fair rate change process and to assisting the
Court in understanding the impact of these significant changes. Our clients–who live, work, and
serve the communities of Jackson–seek to assist the Court with ensuring the veracity of JXN
Water’s assertions, especially those related to areas of customer service, maintenance, and
responsiveness to resident concerns and emergencies.
Since our December correspondence to the Court, emergencies concerning Jackson’s water quality
have occurred. On January 11, 2024, the Mississippi State Department of Health issued a boil-
water notice for Jackson (and Flowood, Mississippi) after E. coli bacteria were detected in the
City’s water supply. JXN Water responded by immediately disputing the Mississippi State
1
Department of Health’s laboratory data concerning the safety of the water for Jackson residents1–
even though JXN Water, by its own admission, was made aware of the positive E. Coli lab result
on January 10, 2024. Instead of erring on the side of caution by immediately issuing a boil-water
notice, JXN Water alleged that the lab results were “mistakes.” After retesting the samples, which
produced negative results, the Mississippi State Department of Health stated, “In spite of the
allegations made by the City of Jackson Water Supply, the Mississippi State Department of Health
stands behind the initial test results that indicated the presence of E. coli in the City of Jackson’s
surface water.”2
The unsettling impact on Jackson’s residents must be more seriously considered when the state
health department expresses concerns related to the water quality and JXN Water denies those
claims, particularly in a city with historic and well-founded distrust in bureaucratic processes over
its public water system.3 With the Mississippi State Department of Health alleging the presence of
dangerous contaminants in Jackson’s water supply and JXN Water disputing these lab testing
results, the residents of Jackson are left with no assured guidance as to whose testing results to
believe.
Both of these entities have a great responsibility to prioritize the health and wellness of Jackson
residents while also working to restore community trust. Had our clients’ unopposed Motion for
Leave to Intervene been ruled on before this incident, there could have been an opportunity for
greater information sharing with the community so residents could make the best and most
informed decision for the health and safety needs of their families. Further, our clients could have
helped JXN Water and the Mississippi State Department of Health determine where the
discrepancy in testing results were and how to best communicate that discrepancy with the
residents of Jackson.
Moreover, the stay of the above-referenced case expires on March 1, 2024. While our clients wait
on the Court to issue a ruling on their Motion for Leave to Intervene, the current parties to the
action are presumably inching closer to a proposed consent decree over Jackson’s public water
system without any meaningful community collaboration concerning its terms. Although our
clients have endeavored to work with the current parties and the Interim Third-Party Manager
outside of court intervention, there has been a severe lack of information sharing and of willingness
from the ITPM and the U.S. Environmental Protection Agency to take the concerns of our
community organization clients seriously.
1 Press Release, JXN Water, JXN Water Disputes State Lab Results Showing E.coli Presence, Jan. 11, 2024,
https://jxnwater.com/jxn-water-disputes-state-lab-results-showing-e-coli-presence/.
2 Nick Judin, Jackson Boil Water Notice Lifted After Retests Find No E. Coli in Water, Miss. Free Press, Jan. 11, 2024,
https://www.mississippifreepress.org/39019/jxn-water-disputes-boil-notice-suggesting-lab-contamination-a-kick-in-
the-gut.
3 Alex Rozier, Rebuilding trust: How Ted Henifin hopes to repair the relationship between Jacksonians and their
water system, Mississippi Today, Mar. 9, 2023, https://mississippitoday.org/2023/03/09/ted-henifin-jackson-water-

system/.
2
One hundred and forty days have passed since the Proposed Intervenors-Plaintiffs filed the Motion
to Intervene. As demonstrated by the above-mentioned developments over the last month, time is
of the essence. The very health and vitality of Jackson’s residents are at stake. We respectfully
request an update from the Court on the status of the motion’s consideration. The Proposed
Intervenors-Plaintiffs appreciate the Court’s prompt consideration of this request and are available
at the Court’s convenience for any questions concerning this matter.
Respectfully Submitted,
/s/ Emily Early

Emily Early, Esq
Mikaila Hernández, Esq.
Center for Constitutional Rights
[email protected]
[email protected]
/s/ Joshua F. Tom

Joshua F. Tom, Esq.
American Civil Liberties Union of
Mississippi
[email protected]
cc by E-Mail:
Lori Sherman, Esq.

Forward Justice
[email protected]
Karl Fingerhood
Senior Counsel, Environmental Enforcement Section
Environment & Natural Resources Division
U.S. Department of Justice
[email protected]
Angela Given Williams

Civil Chief, U.S. Attorney’s Office
U.S. Attorney’s Office for the Southern District of Mississippi
3
[email protected]
Angela Mo
Senior Counsel
Environment & Natural Resources Division
[email protected]
Terry Williamson
Attorney, Office of the City Attorney, Jackson, Mississippi
[email protected]
Drew McLemore Martin

DREW MARTIN, ATTORNEY, PLLC
[email protected]
Sheridan A. Carr-City Gov

Office of the City Attorney, Jackson, Mississippi
[email protected]

Community Letter To Judge Wingate - 0

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Community Letter To Judge Wingate - 0

Uploaded by

Copyright:

Available Formats

Case 3:12-cv-00790-HTW-LGI Document 88-1 Filed 02/13/24 Page 1 of 4

February 12, 2024

The Honorable Judge Henry T. Wingate

Dear Judge Wingate:

water system, Mississippi Today, Mar. 9, 2023, https://mississippitoday.org/2023/03/09/ted-henifin-jackson-water-

/s/ Emily Early

/s/ Joshua F. Tom

Lori Sherman, Esq.

Angela Given Williams

Drew McLemore Martin

Sheridan A. Carr-City Gov

You might also like