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Wingate Order

This order addresses two related cases concerning the city of Jackson, Mississippi's sewer and drinking water systems. At a previous status conference, the court instructed the parties to develop a joint order, modeled on the drinking water order, to address problems with Jackson's sewer system. The parties have made minimal progress under the existing 2013 sewer consent decree. The city continues to experience over 250 sanitary sewer overflows. While some parties objected to this approach, the court found it necessary due to health risks from the unresolved sewer issues. The parties must continue efforts to reach an agreement and submit a joint proposed order by June 6th or the court will hold a hearing.

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Anthony Warren
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4K views2 pages

Wingate Order

This order addresses two related cases concerning the city of Jackson, Mississippi's sewer and drinking water systems. At a previous status conference, the court instructed the parties to develop a joint order, modeled on the drinking water order, to address problems with Jackson's sewer system. The parties have made minimal progress under the existing 2013 sewer consent decree. The city continues to experience over 250 sanitary sewer overflows. While some parties objected to this approach, the court found it necessary due to health risks from the unresolved sewer issues. The parties must continue efforts to reach an agreement and submit a joint proposed order by June 6th or the court will hold a hearing.

Uploaded by

Anthony Warren
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Case 3:22-cv-00686-HTW-LGI Document 32 Filed 05/24/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
(Northern Division)

UNITED STATES OF AMERICA, )


)
Plaintiff, )
) Case No. 3:22-cv-00686-HTW-LGI
)
v. )
) ORDER
THE CITY OF JACKSON, MISSISSIPPI, )
)
Defendant. )
)

The matter currently before this court concerns two related cases: the civil case captioned

above (“Drinking Water Case”) and Civil Case No. 3:12-cv-790-HTW-LGI (“Sewer Case”). On

May 9, 2023, this court conducted a Status Conference and instructed the parties in the two related

cases to develop a special joint Order addressing the problems plaguing the City of Jackson,

Mississippi’s sewer system, modeled on the Drinking Water Interim Stipulated Order [Docket no.

6].

This court, in issuing its instruction, noted that, due to various factors, the City of Jackson,

Mississippi, has achieved minimal progress under the presently standing 2013 Sewer Case Consent

Decree 1, both with respect to developing and implementing plans to evaluate and rehabilitate the

Wastewater Collection and Transmission Systems, and with respect to implementing certain

Capacity, Management, Operations, and Maintenance programs. According to the parties, to date,

1
See CA No. 3:12-cv-790, ECF No. 10.
Case 3:22-cv-00686-HTW-LGI Document 32 Filed 05/24/23 Page 2 of 2

the City continues to experience an alarming number of Sanitary Sewer Overflows- at least two

hundred and fifty (250)- throughout the region.

This court notes the objections to proceeding in the manner prescribed by this court, as

filed by Plaintiffs the United States of America, on behalf of the United States Environmental

Protection Agency, and the State of Mississippi, acting through the Mississippi Commission on

Environmental Quality and the Mississippi Department of Environmental Quality [See Docket no.

30-1]. This court, however, cannot overlook the gravity of this matter, as the sewer issues may

present an imminent and substantial endangerment to the health of persons. This court is also

sadly aware that even though these parties were signatories to a Consent Decree aimed at

alleviating these potential health risks and addressing the sewer issues, the parties to the Consent

Decree failed to accomplish the full extent of the Consent Decree’s objectives for over ten (10)

years.

The parties are instructed to continue their efforts to reach an agreement and submit a joint

proposed Order to this court on or before June 6, 2023, a date proposed by the City of Jackson,

Mississippi. If the parties are unable to reach an agreement by this deadline, this court shall hold a

Hearing to ascertain why the parties are unable to effectuate an agreement.

SO ORDERED this the 24th day of May, 2023.

/s/HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE

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