Tuesday, October 10, 2023

EPA to State: Deadline? What Deadline?

 Never let it be said the law applies to the EPA.  The NAACP filed an environmental civil rights complaint against the state of Mississippi a year ago yet the agency still has not ruled on the complaint even though the law required it to do so within 180 days.   

The NAACP filed a Title VI complaint with the EPA's  Office of Environmental Justice and External Civil Rights against the state of Mississippi on September 27.  The complaint charges the state intentionally deprived Jackson of the money it needed to ensure its citizens had safe drinking water. 

The civil rights organization represents several Jackson residents in the complaint.  The plaintiffs are NAACP President Derrick Johnson, former Mayor Harvey Johnson, Frank Figgers, Gwendolyn Burt, Dr. Akemi Stout, Ed Sivak, Deidre Long, Charles Jones, and Jane Doe.  The defendants (#6) are the Governor, DFA, Health Department, MDEQ, and the State Treasurer.  

The plaintiffs claim the defendants engaged in "a long-standing pattern and practice of systematically depriving Jackson the funds it needs to operate and maintain its water facilities.  State agencies did so by diverting federal funds meant for Jackson to majority-white communities.  

The NAACP claimed the Health Department only issued, three, yes, THREE Drinking Water State Revolving Loan Fund loans to Jackson in 25 years, obviously a case of blatant, bold, and brazen discrimination.


 

However, the state had a great response to the complaint.  Jackson only got three loans because it only asked for three loans.  Earlier post with supporting documentation.  The Health Department could only approve what was requested.  MDEQ approved every loan as well.  JJ reported on January 18: 

MDEQ administers the Water Pollution Control Revolving Fund (WPCRF) loan program.  EPA reviews the program every year and never found any violations.  Director Wells stated  "Allegations are MDEQ has denied funding to Jackson through the WPCRF program are untrue."  

MDEQ approved twelve loans to Jackson from 1992 to 2018.  The total amount of the loans are $84,403,304.  Jackson repaid four loans while eight loans are in repayment.  The remaining balance due is $47,772,824.  Jackson has one active project in progress.  The design of the project is underway and construction is estimated to start in July.  The loan amount for the active project is $31,683,000.  

Thus, MDEQ has approved a grand total of $116,086,304 in WPCRF funding for Jackson's wastewater infrastructure projects.  

The response states Jackson's population is less than 5% of the state's population yet it received 27% of the loans in the program.  It received 49% of the loans issued in 2021 and 54% of the loans issued in 2018. 

The EPA was supposed to rule on the complaint by April 18.  However, the agency claimed it needed more time because it did not know how to open, wait for it, a zip file.  Apparently knowing how to right-click on a file is not taught in Federal Gummint 101.  WLBT reported in May:

Part of the problem, according to correspondence from MDEQ Executive Director Chris Wells, is the EPA’s inability to open files submitted to it as part of the investigation.

The four-page letter outlines the EPA’s failure to open zip files submitted to EPA by MDEQ and its failure to inform MDEQ in a timely manner that it was unable to open them.

He says that the EPA’s failure to communicate with MDEQ shouldn’t delay findings in the investigation from being released.

“Had EPA advised MDEQ sooner that it was having difficulty accessing the files, MDEQ could have helped offer a solution,” he wrote. “It cannot be said that EPA’s failure to meet its regulatory deadline is MDEQ’s fault.” WLBT article. You can't make this up.

The EPA still has not ruled on the case even though the complaint was filed 378 days ago.  Some governments are apparently more equal than others. 

Kingfish note: The EPA will probably drag this case out as long as it can.  The state approved every loan application.  The EPA buried the various state agencies in document requests.  There is little to support the complaint and the EPA knows it. 


16 comments:

Anonymous said...

Too darn funny. Can’t open a zip file but has no problem charging fines! That can be now used in others arguments with EPA.

Anonymous said...

Who, exactly, at EPA is driving this particular bus?

Could it be that someone is showing favoritism toward Plaintiff Derrick Johnson, perhaps because of a personal/professional relationship?

Anonymous said...

EPA is trying to play both sides. They had 10 years to drop the hammer on Jackson. The irony of NAACP having Harvey Johnson among the plaintiff is not lost on me.

Anonymous said...

If I'm not mistaken, not too long ago most govt offices would not accept .zip files claiming folks could embed nefarious stuff that could get into their systems. May have changed now? Certainly suppose it's possible and reasonable to make that position though.

Anonymous said...

.zip files are dangerous because the compression masks the contents from virus scanners. There are also self extracting executable files.

Now, KF is mentioning a Zip drive. That is a completely different animal. A Zip drive is a magnetic media created by Iomega corporation back in the 1990s. It connected via SCSI or Parallel (LPT) port.

While the Zip drive was a popular consumer backup method at the time it was released, the unreliable 100mb proprietary format was released very shortly before rewritable CD-RWs hit the market and they were very quickly made obsolete.

So if someone actually sent a Zip drive in the 2020’s then I could understand how it may be difficult to read the drive or know how to use it.

Are you confusing a Zip drive with a flash drive than uses NAND flash memory and connect by USB?

Anonymous said...

The national media narrative is all about Mississippi's racist government depriving a majority black city of drinking water. That has not finished playing out. The EPA bigwigs have great hesitation about going against the liberal status quo, especially the NAACP so this is a hard call for them. When they run out of excuses they will finally bite the bullet.

But don't hold your breath.

Anonymous said...

.zip files have been scannable by most anti-virus programs for over 20 years - don't know where you goobers have been living.

Anonymous said...

Zip files can be encrypted and password protected as well. Still doesn’t make sense that they didn’t notify anyone of the issue if they couldn’t access the requested files. It sounds like someone didn’t do their job and were searching for something to blame.

Larry Ellison said...

3:17, Iomega Zip drives were great until you experienced a couple of “clicks of death” (ka-thunk, ka thunk, ka thunk) letting you know you had just lost all of your data and you never wanted to see one again.

Anonymous said...


I thought all those plaintiffs were in jail.

Anonymous said...

I'm not surprised about the zip file. I know a guy that doesn't know how to manage access on a file in sharepoint.

Just a normal dude said...

Man, I loved my Iomega Zip Drive. This brings back memories. But, even today zip files are still worrisome, especially as email attachments, to IT security people. See zip file of death.

Anonymous said...

MDEQ provided the files to EPA in a compressed file using Sharefile. When EPA said they could not access the file, MDEQ provided the files on a thumb drive in uncompressed format. MDEQ provided the same compressed files to multiple parties in response to requests for records, according to the letter to EPA, and nobody else complained about opening the files. I have gotten multiple records from MDEQ which they provided via Sharefile, some of which were compressed and some which were not, and I have never had a problem opening the files.

Anonymous said...



We are from the federal government and we can't help you.

Anonymous said...

As interesting as the .zip file discussion has been, this obviously has absolutely nothing to do with opening files.

Thanks, 7:34, for helping us refocus.

Anonymous said...

Welcome to the world of administrative law. The jokers who run the process make up the rules as they go. “Deadline? We, the deciders of such things, have invented a reason for the deadline not to reply.”


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.