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‘Inadequate’ Health Department oversight contributed to Jackson water failure, federal watchdog finds

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A federal watchdog report Monday laid blame on the Mississippi State Department of Health, as well as the Environmental Protection Agency, for prolonging Jackson’s well-documented water woes, saying their failed oversight contributed to the capital city’s infrastructure issues lasting as long as they have.

“The MSDH’s inaction prolonged Jackson’s noncompliance,” the EPA Office of Inspector General’s report reads. The EPA OIG is an independent office within the EPA that conducts investigations and audits on behalf of the agency.

The report goes on to say that the state not documenting or raising attention to critical issues within the water system “obscured the long-standing challenges of the system, allowed issues to compound over time, and contributed to the system’s failure.”

As of Tuesday afternoon, MSDH hadn’t released a statement on the report, only telling Mississippi Today that it was still reviewing the document.

Among the many faults the report identified, the EPA OIG found that MSDH hasn’t had a proper enforcement procedure for drinking water systems since the EPA granted the state primacy — or the authority to regulate those systems — in 1977. The report criticizes both MSDH for not having enforcement procedures, as well as the EPA for not requiring MSDH to do so.

Members of the Mississippi National Guard distribute bottled water to Jackson residents at the Mississippi Trade Mart in Jackson, Miss., Thursday, September 1, 2022. Credit: Eric Shelton/Mississippi Today

The investigation claims that MSDH didn’t call enough attention to significant issues with Jackson’s water system, and that by not doing so it left the EPA in the dark.

“Because the MSDH did not consistently identify significant deficiencies in Jackson’s sanitary surveys, there were no subsequent violations of which the EPA would have been made aware,” the EPA OIG wrote.

Specifically, the document says: “System staffing was a common concern noted throughout multiple sanitary surveys but only rose to the level of a significant deficiency in the February 2020 sanitary survey. In addition, membrane trains, which provide filtration, failed integrity testing in multiple sanitary surveys from 2015 through 2017 but were not deemed a significant deficiency until the February 2020 sanitary survey.”

Notably, only half of the membrane trains at the O.B. Curtis water treatment plant were running when a 2021 winter storm shut down Jackson’s water distribution.

The EPA OIG also listed several instances when MSDH failed to timely communicate with Jackson over its system deficiencies, including when the city failed a lead test in July 2015. MSDH didn’t notify the city of the test results until January 2016, and, due to the delay, “for approximately six months, Jackson residents were unaware that lead may have been in their drinking water,” the report says.

“For the majority of the sanitary surveys and inspections from 2016 through 2020, the MSDH had inconsistent communication with Jackson,” the report adds. “Either the MSDH sent written notification of significant deficiencies several months after conducting a sanitary survey or inspection, or it did not notify Jackson.”

Federal law requires states to conduct “sanitary surveys” at least once every three years to make sure public water systems are up to code.

Jackson’s O.B. Curtis Water Treatment Facility. Tuesday, July 19, 2023. Credit: Eric Shelton/Mississippi Today

Not only did MSDH delay telling Jackson about the city’s deficiencies, the report says, the agency also didn’t adequately reflect the severity of the city’s issues in its inspections. In an interview, an EPA Region IV employee told the EPA OIG that a 2020 diagnosis of Jackson’s water system found issues dating back to 2014 that MSDH hadn’t listed as “significant discrepancies.”

“According to a (Region IV enforcement) employee, the MSDH may have been aware of more problems than what was documented in the sanitary surveys,” the EPA OIG adds. “That employee speculated that there was a lack of ‘political will’ in the MSDH to address problems identified.”

Noting the city’s above-average number of line breaks — which were over three times the industry average from 2017 to 2021 — the report says that while line breaks are usually not reported to the EPA, the state could report the issue to the EPA if they find an “exorbitant number” of boil water notices. From 2014 to 2022, Jackson issued approximately 1,570 boil water notices. The report emphasizes the issue with a photo of a coffee mug captioned “Welcome to Boil Water Alert Mississippi.”

A screenshot of the EPA OIG’s August, 2024 report on MSDH and EPA oversight of Jackson’s water system.

The report is the third this year that the EPA Office of Inspector General, an independent watchdog agency, released about Jackson’s water system. All three stem from the near-collapse of the system in 2022, which happened after the coincidence of flooding on the Pearl River and the failure of pumps at the city’s main treatment plant. Since then, the Department of Justice, EPA and city officials came to an agreement to allow a court-appointed third-party manager to temporarily takeover the water system.

The first report, released in May, found that MSDH and the Mississippi Department of Environmental Quality didn’t racially discriminate against Jackson in funding the city’s water system.

About a week later, though, the EPA OIG released another report that found that MSDH failed to provide Jackson with flexible loan options that are available for economically disadvantaged cities. That report also described failures on the city level, including poor management of its treatment plants as well as gaps in communication between operators and higher-ups.

Monday’s report lists several recommended actions to prevent the agencies’ short-comings in the future, including assessing MSDH’s sanitary survey program and how it helps water systems overcome deficiencies. Another action it lists is to make sure that MSDH has a procedure for enforcing federal and state drinking water laws.

“If (MSDH) is not implementing enforcement procedures as required by Safe Drinking Water Act section 1413, consider whether procedures for rescinding state primacy for water systems should be initiated,” the recommended action states.

In an e-mailed statement from EPA Press Officer Terry Johnson, the agency said that it has “previously identified many of the same concerns raised by the (EPA OIG) and has already begun implementing actions to address their recommendations. This includes working with (MSDH) to ensure strong drinking water regulatory oversight at the state and federal levels.” The City of Jackson did not respond to a request for comment by this story’s publication.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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On this day in 1903, W.E.B. Du Bois urged active resistance to racist policies

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mississippitoday.org – @MSTODAYnews – 2025-04-27 07:00:00

April 27, 1903

W.E.B. Du Bois by James E. Purdy in 1907 from the National Portrait Gallery.

W.E.B. Du Bois, in his book, “The Souls of Black Folk,” called for active resistance to racist policies: “We have no right to sit silently by while the inevitable seeds are sown for a harvest of disaster to our children, black and white.” 

He described the tension between being Black and being an American: “One ever feels his twoness, — an American, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose strength alone keeps it from being torn asunder.” 

He criticized Washington’s “Atlanta Compromise” speech. Six years later, Du Bois helped found the NAACP and became the editor of its monthly magazine, The Crisis. He waged protests against the racist silent film “The Birth of a Nation” and against lynchings of Black Americans, detailing the 2,732 lynchings between 1884 and 1914. 

In 1921, he decried Harvard University’s decisions to ban Black students from the dormitories as an attempt to renew “the Anglo-Saxon cult, the worship of the Nordic totem, the disenfranchisement of Negro, Jew, Irishman, Italian, Hungarian, Asiatic and South Sea Islander — the world rule of Nordic white through brute force.” 

In 1929, he debated Lothrop Stoddard, a proponent of scientific racism, who also happened to belong to the Ku Klux Klan. The Chicago Defender’s front page headline read, “5,000 Cheer W.E.B. DuBois, Laugh at Lothrup Stoddard.” 

In 1949, the FBI began to investigate Du Bois as a “suspected Communist,” and he was indicted on trumped-up charges that he had acted as an agent of a foreign state and had failed to register. The government dropped the case after Albert Einstein volunteered to testify as a character witness. 

Despite the lack of conviction, the government confiscated his passport for eight years. In 1960, he recovered his passport and traveled to the newly created Republic of Ghana. Three years later, the U.S. government refused to renew his passport, so Du Bois became a citizen of Ghana. He died on Aug. 27, 1963, the eve of the March on Washington.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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Jim Hood’s opinion provides a roadmap if lawmakers do the unthinkable and can’t pass a budget

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mississippitoday.org – @BobbyHarrison9 – 2025-04-27 06:00:00

On June 30, 2009, Sam Cameron, the then-executive director of the Mississippi Hospital Association, held a news conference in the Capitol rotunda to publicly take his whipping and accept his defeat.

Cameron urged House Democrats, who had sided with the Hospital Association, to accept the demands of Republican Gov. Haley Barbour to place an additional $90 million tax on the state’s hospitals to help fund Medicaid and prevent the very real possibility of the program and indeed much of state government being shut down when the new budget year began in a few hours. The impasse over Medicaid and the hospital tax had stopped all budget negotiations.

Barbour watched from a floor above as Cameron publicly admitted defeat. Cameron’s decision to swallow his pride was based on a simple equation. He told news reporters, scores of lobbyists and health care advocates who had set up camp in the Capitol as midnight on July 1 approached that, while he believed the tax would hurt Mississippi hospitals, not having a Medicaid budget would be much more harmful.

Just as in 2009, the Legislature ended the 2025 regular session earlier this month without a budget agreement and will have to come back in special session to adopt a budget before the new fiscal year begins on July 1. It is unlikely that the current budget rift between the House and Senate will be as dramatic as the 2009 standoff when it appeared only hours before the July 1 deadline that there would be no budget. But who knows what will result from the current standoff? After all, the current standoff in many ways seems to be more about political egos than policy differences on the budget.

The fight centers around multiple factors, including:

  • Whether legislation will be passed to allow sports betting outside of casinos.
  • Whether the Senate will agree to a massive projects bill to fund local projects throughout the state.
  • Whether leaders will overcome hard feelings between the two chambers caused by the House’s hasty final passage of a Senate tax cut bill filled with typos that altered the intent of the bill without giving the Senate an opportunity to fix the mistakes.
  • Whether members would work on a weekend at the end of the session. The Senate wanted to, the House did not.

It is difficult to think any of those issues will rise to the ultimate level of preventing the final passage of a budget when push comes to shove.

But who knows? What we do know is that the impasse in 2009 created a guideline of what could happen if a budget is not passed.

It is likely that parts, though not all, of state government will shut down if the Legislature does the unthinkable and does not pass a budget for the new fiscal year beginning July 1.

An official opinion of the office of Attorney General Jim Hood issued in 2009 said if there is no budget passed by the Legislature, those services mandated in the Mississippi Constitution, such as a public education system, will continue.

According to the Hood opinion, other entities, such as the state’s debt, and court and federal mandates, also would be funded. But it is likely that there will not be funds for Medicaid and many other programs, such as transportation and aspects of public safety that are not specifically listed in the Mississippi Constitution.

The Hood opinion reasoned that the Mississippi Constitution is the ultimate law of the state and must be adhered to even in the absence of legislative action. Other states have reached similar conclusions when their legislatures have failed to act, the AG’s opinion said.

As is often pointed out, the opinion of the attorney general does not carry the weight of law. It serves only as a guideline, though Gov. Tate Reeves has relied on the 2009 opinion even though it was written by the staff of Hood, who was Reeves’ opponent in the contentious 2019 gubernatorial campaign.

But if the unthinkable ever occurs and the Legislature goes too far into a new fiscal year without adopting a budget, it most likely will be the courts — moreso than an AG’s opinion — that ultimately determine if and how state government operates.

In 2009 Sam Cameron did not want to see what would happen if a budget was not adopted. It also is likely that current political leaders do not want to see the results of not having a budget passed before July 1 of this year.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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Mississippi Today

1964: Mississippi Freedom Democratic Party was formed

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mississippitoday.org – @MSTODAYnews – 2025-04-26 07:00:00

April 26, 1964

Aaron Henry testifies before the Credentials Committee at the 1964 Democratic National Convention.

Civil rights activists started the Mississippi Freedom Democratic Party to challenge the state’s all-white regular delegation to the Democratic National Convention. 

The regulars had already adopted this resolution: “We oppose, condemn and deplore the Civil Rights Act of 1964 … We believe in separation of the races in all phases of our society. It is our belief that the separation of the races is necessary for the peace and tranquility of all the people of Mississippi, and the continuing good relationship which has existed over the years.” 

In reality, Black Mississippians had been victims of intimidation, harassment and violence for daring to try and vote as well as laws passed to disenfranchise them. As a result, by 1964, only 6% of Black Mississippians were permitted to vote. A year earlier, activists had run a mock election in which thousands of Black Mississippians showed they would vote if given an opportunity. 

In August 1964, the Freedom Party decided to challenge the all-white delegation, saying they had been illegally elected in a segregated process and had no intention of supporting President Lyndon B. Johnson in the November election. 

The prediction proved true, with white Mississippi Democrats overwhelmingly supporting Republican candidate Barry Goldwater, who opposed the Civil Rights Act. While the activists fell short of replacing the regulars, their courageous stand led to changes in both parties.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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