Case: United States v. The City of Jackson, Mississippi

3:22-cv-00686 | U.S. District Court for the Southern District of Mississippi

Filed Date: Nov. 29, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about unsafe public drinking water in Jackson, Mississippi. On November 29, 2022, the U.S. Department of Justice ("DOJ") filed a complaint against the city of Jackson, Mississippi ("the City"), on behalf of the U.S. Environmental Protection Agency ("EPA") in the U.S. District Court for the Southern District of Mississippi. The DOJ sued the city of Jackson under the Safe Drinking Water Act. Prior to this lawsuit, in February 2020, the EPA found infrastructure problems indicating t…

This is a case about unsafe public drinking water in Jackson, Mississippi. On November 29, 2022, the U.S. Department of Justice ("DOJ") filed a complaint against the city of Jackson, Mississippi ("the City"), on behalf of the U.S. Environmental Protection Agency ("EPA") in the U.S. District Court for the Southern District of Mississippi. The DOJ sued the city of Jackson under the Safe Drinking Water Act.

Prior to this lawsuit, in February 2020, the EPA found infrastructure problems indicating that the City was not providing drinking water that was reliably compliant with the Safe Drinking Water Act. As a result of that finding, in July 2021 the City and the EPA entered into a consent order requiring the City to make changes to move its water systems toward compliance. The DOJ's November 2022 complaint alleged that the City had failed to comply with that consent order and that its drinking water continued to pose health risks to the people served by the City's water system. The DOJ sought injunctive relief and civil penalties.

On the same day the complaint was filed, Judge Henry T. Wingate entered an interim stipulated order appointing an interim third-party manager who would "operate, maintain, manage and control" the City's water system in compliance with the Safe Drinking Water Act. That manager would oversee the improvements described in the order's priority project list, abating as much as possible the conditions that were endangering the quality of Jackson's water. The improvements included, for example, winterizing the system, repairing chemical, intake, and treatment facilities, and implementing an alternative water source plan. The order required the City to fund and cooperate with the improvements. The order also stayed all litigation for six months.

As of December 2022, this case was ongoing with litigation stayed until May 2023.

Summary Authors

Christina Van Wagenen (12/22/2022)

Documents in the Clearinghouse

Document
1

3:22-cv-00686

Complaint

Nov. 29, 2022

Nov. 29, 2022

Complaint
6

3:22-cv-00686

Interim Stipulated Order

Nov. 29, 2022

Nov. 29, 2022

Order/Opinion
1-4

3:22-cv-00686

Administrative Compliance Order on Consent - Attachment D

Nov. 29, 2022

Nov. 29, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66571454/united-states-v-the-city-of-jackson-mississippi/

Last updated March 20, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The City of Jackson, Mississippi, filed by United States of America. (Attachments: # 1 Exhibit A - Boil- Water Notice Summary, # 2 Exhibit B - Emergency Order, # 3 Exhibit C - Amendment to the Emergency Order, # 4 Exhibit D - Consent Order, # 5 Civil Cover Sheet)(CO) (Entered: 11/29/2022)

1 Exhibit A - A - Boil- Water Notice Summary

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2 Exhibit B - Emergency Order

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3 Exhibit C - Amendment to the Emergency Order

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4 Exhibit D - Consent Order

View on Clearinghouse

5 Civil Cover Sheet

View on PACER

Nov. 29, 2022

Nov. 29, 2022

Clearinghouse
2

Unopposed MOTION to Enter Interim Stipulated Order by United States of America (Attachments: # 1 Attachment A - Proposed Interim Stipulated Order, # 2 Attachment B- Declaration of Brian Smith, # 3 Attachment C - Declaration of Bryan Myers, # 4 Attachment D - Declaration of Edward Henifin)(Fingerhood-Federal Gov, Karl) (Entered: 11/29/2022)

1 Attachment A - Proposed Interim Stipulated Order

View on RECAP

2 Attachment B- Declaration of Brian Smith

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3 Attachment C - Declaration of Bryan Myers

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4 Attachment D - Declaration of Edward Henifin

View on PACER

Nov. 29, 2022

Nov. 29, 2022

RECAP
3

MEMORANDUM in Support re 2 Unopposed MOTION to Enter Interim Stipulated Order filed by United States of America (Fingerhood-Federal Gov, Karl) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
4

NOTICE of Appearance by Jennifer Case-Federal Gov on behalf of United States of America (Case-Federal Gov, Jennifer) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER
5

ORDER granting 2 Unopposed Motion to enter proposed Interim Stipulated Order. Signed by District Judge Henry T. Wingate on 11/29/2022. (nd) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
6

INTERIM STIPULATED ORDER STAYING CASE Signed by District Judge Henry T. Wingate on 11/29/2022 (CO) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

Clearinghouse
7

NOTICE of Appearance by Stefan Joseph Bachman-Federal Gov on behalf of United States of America (Bachman-Federal Gov, Stefan) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
8

NOTICE of Appearance by Devon Lea Flanagan-Federal Gov on behalf of United States of America (Flanagan-Federal Gov, Devon) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
9

NOTICE of Appearance by Angela Mo-Federal Government on behalf of United States of America (Mo-Federal Government, Angela) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
10

NOTICE of Appearance by Catoria Parker Martin on behalf of The City of Jackson, Mississippi (Martin, Catoria) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
11

NOTICE of Substitution of Counsel by United States of America (Williams-Federal Gov, Angela) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

PACER
12

NOTICE of Appearance by Malissa Wilson on behalf of JXN Water (Wilson, Malissa) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
13

NOTICE of Appearance by Charles Mitchell McGuffey on behalf of JXN Water (McGuffey, Charles) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
14

NOTICE OF CONVENTIONAL FILING filed by JXN Water. (CO) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

RECAP
15

*RESTRICTED* DOCUMENT 14 Notice of Conventional Filing filed by JXN Water. (CO) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER

NOTICE of Hearing: Status Conference set for 1/12/2023 at 1:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Jan. 10, 2023

Jan. 10, 2023

PACER

Notice of Hearing

Jan. 10, 2023

Jan. 10, 2023

PACER

Status Conference

Jan. 12, 2023

Jan. 12, 2023

PACER

Minute Entry for proceedings held before District Judge Henry T. Wingate: Status Conference held on 1/12/2023. APPEARANCES: Karl Fingerhood, DOJ and AUSA Angela Givens Williams appeared on behalf of the United States. Attorneys Catoria Parker Martin and Terry Williamson appeared on behalf of the City of Jackson. Attorney Gerald Kucia appeared on behalf of the State of Mississippi. Interested Party Attorneys Malissa Wilson and Charles McGuffey appeared along with Third Party Manager, Ted Henifin. Also observing via Zoom: Representatives for the EPA and Dept. of Justice. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. (TDB)

Jan. 12, 2023

Jan. 12, 2023

PACER
16

MOTION for Frank Paul Calamita to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5030500) by JXN Water (Attachments: # 1 Exhibit A - Certificates of Good Standing)(Wilson, Malissa) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER

Order on Motion to Appear Pro Hac Vice

Jan. 25, 2023

Jan. 25, 2023

PACER

TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. That Attorney, Frank Paul Calamita, be admitted pro hac vice in this case on behalf of Defendants, JXN Water, Interim Third Party Manager in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 1/25/2023 (NL)

Jan. 25, 2023

Jan. 25, 2023

PACER
17

Notice of Appearance

Feb. 15, 2023

Feb. 15, 2023

PACER

Set/Reset Hearings

Feb. 15, 2023

Feb. 15, 2023

PACER

Set Hearing: Status Conference set for 2/17/2023 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate. (TDB)

Feb. 15, 2023

Feb. 15, 2023

PACER
18

Waiver of Service Executed

Feb. 17, 2023

Feb. 17, 2023

PACER
19

Miscellaneous Relief

Feb. 17, 2023

Feb. 17, 2023

RECAP
20

Order on Motion for Miscellaneous Relief

Feb. 17, 2023

Feb. 17, 2023

RECAP

Status Conference

Feb. 17, 2023

Feb. 17, 2023

PACER

Case Details

State / Territory: Mississippi

Case Type(s):

Environmental Justice

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 29, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States (DOJ Environmental and Natural Resources Division, Environmental Enforcement Section) on behalf of EPA

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of Jackson, Mississippi (Jackson), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Food service / nutrition / hydration

Government services

Groundwater

Sanitation / living conditions