Federal judge temporarily halts Jackson water authority as court reviews new state law
By Alex Rozier | Originally published by Mississippi Today
U.S. District Court Judge Henry Wingate on Thursday blocked a new metro Jackson water authority from taking any action other than having officials appoint the board members.
Jackson officials requested the injunction on Monday, arguing that a new state law creating the authority interferes with the federal court’s power over who will run the city’s water and sewer systems. Gov. Tate Reeves signed House Bill 1677 on April 8, and it became law immediately.
The law created an authority separate from local or state government to run Jackson’s water and sewer systems, which are both under federal consent decrees. In 2022, Wingate placed an interim manager, JXN Water, over the water system, and later over the sewer system as well. Both sets of infrastructure struggled to stay in compliance because of decades of mismanagement and underinvestment.
Under the new law, the authority would have a nine-member board and would take control of the systems only after Wingate releases JXN Water from its role in stabilizing the city’s water and sewer systems.
The law requires the board appointments to be made by Friday. By Thursday, though, only six appointees had been announced. The latest appointment came Tuesday, when Lt. Gov. Delbert Hosemann announced Jackson businessman Sandy Carter as his selection.
But while Jackson Mayor Horhn announced his three appointments last week, the city council still has to confirm his selections. City Attorney Drew Martin said he expects the council to vote on those choices next Tuesday.
The new law includes certain triggers once a majority of board members are appointed. Within 30 days of that point, the authority must consult with Wingate to select a board president to run day-to-day operations after JXN Water steps down. Also, after a majority of appointees are made, the authority “shall commence” negotiating an agreement with the city to lease the water and sewer assets.
It’s unclear if those triggers have already kicked in because the Jackson City Council has not yet confirmed the mayor’s three appointments. Still missing are two appointments from Reeves, as well as one member to be chosen jointly by the governor and Horhn.
“The existence of this bill conflicts with the court’s jurisdiction starting tomorrow,” Martin argued at a Thursday court hearing, referencing the Friday deadline.
Wingate emphasized that the “status quo must remain undisturbed” until he rules on whether the new law interferes with the federal court’s jurisdiction. His injunction prevents the authority from taking any action other than naming board appointees. For example, the board cannot name its president or enter a lease agreement.
The judge on Thursday gave all parties 10 days to offer arguments about whether the new law interferes with either the court’s jurisdiction or the 2022 federal order.
This article was originally published by Mississippi Today and is republished here under a Creative Commons license.
Source: Original Article
