Jackson, MS – The People's Advocacy Institute (PAI) and Mississippi Poor People's Campaign (MS-PPC), who were granted intervenor status in 2024 in a federal lawsuit brought by the U.S. Environmental Protection Agency (EPA), filed a motion today seeking to modify the 2022 Interim Stipulated Order that placed Jackson's water system under the control of an Interim Third-Party Manager (ITPM).
The motion asks that U.S. District Judge Henry Wingate require the ITPM to comply with Mississippi open records and competitive bidding laws, mandate strict neutrality by the ITPM and his agents, and establish a clear timeline for returning control of the water system to Jackson city officials, among other requests–all to ensure protections for low-income residents and clear, publicly accessible data
The motion follows the Intervenors’ filing opposing a recent second water rate increase proposed by the ITPM, as well as Jackson City Council’s recent unanimous rejection of a proposed water rate increase by the ITPM. Community groups are concerned that the Council’s vote is symbolic under the current Interim Stipulated Order, as the court-appointed ITPM, Ted Henifin, maintains unilateral authority to implement rate hikes without council approval or public input.
"The fact that the elected leadership of this city can vote unanimously to reject a rate increase, yet one man and a judge can approve it regardless of that vote, underscores why our motion is necessary. Residents and our elected representatives need to be a part of the decision making process – especially when so many families already struggle with rising utility costs and managing ongoing concerns with our water system. That’s why we intervened. That’s why we are filing this motion today," said Brooke Floyd, PAI Director of Programs and Community-Led Governance Initiatives.
PAI and MS-PPC were granted the right to intervene as plaintiffs in the lawsuit United States Of America v. City of Jackson in March 2024. They are represented by Forward Justice, the Center for Constitutional Rights, and the ACLU of Mississippi.
Said Danyelle Holmes of the MS Poor People's Campaign,“You cannot tell the people to drink water, while at the same time charge them rates that they cannot afford. Nor can you truly fix a problem without listening to the people most impacted by the crisis. From the beginning of this case, concerns were raised about the Interim Stipulated Order because it gives unchecked power to the third-party manager. Now, it's been more than two years since the water crisis, the state of emergency has lifted, and there have been many changes made to our water system without public input. It is time to modify the interim order to give Jackson residents a voice in this case.”
“This filing is an important step toward ensuring that resident concerns – especially Jackson’s most impacted residents – are at the center of this process,” said Lori Sherman, Staff Attorney for Forward Justice. “What we are requesting is fair, simple, and based on sound legal principles.”
For more on the case, visit the case page developed by the Center for Constitutional Rights. Access the filed motion directly here accompanied by the Memorandum of Law in support of the PAI & MS-PPC.
