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Wingate Clarification

This document is an order from a federal district court judge regarding a proposed stipulated order to place the City of Jackson's sewer system under the control of an interim third-party manager who already oversees the city's drinking water system. After initially signing the order without the term "stipulated," the parties requested putting the term back in to allow for a 30-day public comment period on the stipulated order as originally proposed, which the judge agreed to do.

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Anthony Warren
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4K views2 pages

Wingate Clarification

This document is an order from a federal district court judge regarding a proposed stipulated order to place the City of Jackson's sewer system under the control of an interim third-party manager who already oversees the city's drinking water system. After initially signing the order without the term "stipulated," the parties requested putting the term back in to allow for a 30-day public comment period on the stipulated order as originally proposed, which the judge agreed to do.

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
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Case 3:12-cv-00790-HTW-LGI Document 39 Filed 07/31/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
(Northern Division)

UNITED STATES OF AMERICA, )


)
and the STATE OF MISSISSIPPI, )
)
Plaintiffs, )
) Case No. 3:12-cv-790-HTW-LGI
)
v. )
) ORDER
THE CITY OF JACKSON, MISSISSIPPI, )
)
Defendant. )
)

On this day, July 31, 2023, this court conducted a Status Conference regarding the proposed

Stipulated Order [Docket no. 36-1], submitted by the United States of America, on behalf of the

Environmental Protection Agency (“EPA”), the State of Mississippi, on behalf of the Mississippi

Department of Environmental Quality (“MDEQ”), and the City of Jackson, Mississippi (“City”).

This proposed Stipulated Order puts the operation of the City’s sewer system under the control of

the Interim Third-Party Manager, Ted Henifin, who is already overseeing the City’s drinking

system.

This court, upon concluding its inquires concerning the proposed Stipulated Order at the

Status Conference, signed the proposed Order, striking out the term “Stipulated”. This court stated

that the Order shall be effective beginning today, July 31, 2023. Upon the conclusion of the Status

Conference, and after the parties had been dismissed by this court, the parties sought to go back

on the record to discuss the “Public Participation” Clause [Docket no. 36-1, ¶ 34], which states

that “[the] Stipulated Order shall be lodged with the court for a period of not less than thirty (30)
Case 3:12-cv-00790-HTW-LGI Document 39 Filed 07/31/23 Page 2 of 2

days for public notice and comment. The parties, although they had agreed to the court’s Order,

striking the word “Stipulated”. Appreciated only later that striking this word would require all

parties to return to their clients and explain the consequences of striking the word “Stipulated”.

According to the parties, this strike would have had the effect of deleting the public input

provision.

Now, this court, upon the request of all the parties, and after agreeing to the importance of

possible, helpful public input regarding this public safety matter, hereby amends its bench

decision, with the parties’ agreement, to enter an Order including the modifying term “Stipulated”,

as originally submitted by the parties, thus allowing a public comment period until August 31,

2023.

This court shall now file the executed “Stipulated Order”, as proposed, on its docket. Upon

the conclusion of the Public Participation period, this court shall enter another Order reflecting the

amendments, if any, to the proposed Stipulated Order.

/s/HENRY T. WINGATE
United States District Court Judge

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