Note: This post was first published on October 10. However, it is just as applicable today so it is republished.
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, 2022. 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.
15 comments:
Oh what a sad life these people live, always having to blame someone else for their problems.
Those named plaintiffs would look really good behind bars-
It's the age of victim-hood and race cards.
Perhaps this lawsuit will be heard just after the fines are levied for dumping billions of gallons of raw shitwater into the Pearl on a regular basis for years. I still contend that if this was a Republican run city EPA OIG would have frog marched the responsible officials out of City Hall in cuffs in front of all the major network cameras.
But I thought that the left was the tree-hugging environmental save-the-planet party?
The code is more what you'd call "guidelines" than actual rules.
The truth simply does not fit the kind of narrative the Democrats and the national media want to project for ole Mississippi. The plaintiffs are doing the best they can, but it just won't fly. Something else will come along, always does. In the meantime just stall.
How DARE you racist gubmint agencies only give the City all the money they requested every time it was requested!
@12:35....so right.
What do y'all expect? Do you expect democrat controlled EPA to expose everyone involved as corrupt and incompetent? Please!
DeJa fuk'n VU. We plowed this same ground eight months ago. Please don't start recirculating old news.
The 5% of the population argument is ridiculous. Jackson is still the largest city is Mississippi. And, the system is therefore the largest and most expensive to maintain.
The decision should prioritize the critical nature of any water problems. For example, is the water safe to drink and is the sewage leak posing health problems?
I understand some rural areas don't like the inconvenience of septic tanks and wells, but that goes hand in hand with rural existence in every state or buy their own pipes for drainage.
Also overlooked is the amount of taxes urban areas generate as opposed to rural areas and small town. Look up the source of the largest contribution of sales taxes.
And, by the way, without a large, more sophisticated urban city to support teaching hospitals and the arts, a state's economic development isn't very competitive!
I truly hate seeing racism continue to cause us to shoot ourselves in the leg (worse than foot). Be as prejudice as you like, I don't care. Don't interact with those who aren't just like you in every way. I don't even care if people look down on us for our speech or lack of polish. But please don't leave us in a different century and make us less prosperous in the process. I mind being assumed to be stupid and/or dishonest! That has made us targets of every corrupt political and financial scheme there is and economic patsies who line the pockets of those laughing at us on the way to the bank.
I'll summarize what @9:00am said....just continue to pour good money after bad down a bottomless pit, because if you don't, you're racist.
@9:00 am Water systems are meant to be self sustaining. You should get out and tell all of the people who are being so mistreated that they should actually pay their bill. Or better yet, unhook that straight pipe and go legit!
@9:00 you are incorrect. You mention the amount of taxes. Water/sewer systems shouldn't utilize taxes. They should be operated solely from the rate base. And many systems do that every day.
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