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MONTICELLO — Even with an adjusted proposal to tackle flood risk in Jackson, U.S. Army Corps of Engineers still faces a steady flow of opposition downstream along the Pearl River.

“Let me assure you that Louisiana and Mississippi will sue you,” Rep. Becky Currie, R-Brookhaven, told a panel of Corps officials Thursday night. “We will be in court fighting over you destroying our recreation, our way of life, our wildlife, our fishing and hunting and recreation. We will be in court.”

Last month, the Corps released a new draft environmental impact statement as part of the process for selecting a plan to create flood control in Jackson. The report suggested that a plan that would cost anywhere from $487 million to $655 million may be the most justifiable under the agency’s cost-benefit analysis.

The agency is receiving public feedback on the report until Aug. 6 after recently extending the deadline. The Corps will then use feedback from the public, as well as other government agencies, to craft a final EIS. The agency’s timeline projects a final decision in December from Michael Connor, the assistant secretary of the Army for Civil Works .

Over the last decade or so that Rankin and Hinds County officials have pushed a flood control plan known as “One Lake,” officials and residents downstream have shouted back. They argue that the plan, which would relocate a dam and widen the Pearl River near Jackson, would disrupt the river’s downstream flow and, thus, also the wildlife and industries that rely on it.

In its June report, the Corps suggested that One Lake may have too large of a price tag to justify. However, the report also says that “Alternative D,” which includes similar components as One Lake, may be the most justifiable based on the agency’s cost-benefit analysis.

Alternative D would create a smaller lake (about two-thirds the size) than what the One Lake plan would, and decrease mitigation costs by avoiding potential hazardous waste sites along the river. Alternative D also includes the option of elevating homes and voluntary buyouts for some of those in the floodplain.

Regardless of the differences, though, those in Monticello on Thursday still saw the fundamentals of what they’ve spent years protesting: a lake that, to some degree, is being advertised as recreation for those in the Jackson metro area.

“What’s this going to do to my paper mill?” Scotty McCloud asked the panel. McCloud has spent the last 44 years working at the local Georgia Pacific paper mill, one of the largest employers in the area. He argued that, if the mill doesn’t get the right quantity of water at the right temperature, not only would the mill suffer but so would Lawrence County as a whole.

Troy Constance, an environmental expert for the Corps, said that the agency’s modeling of the remaining flood control proposals shows minimal impact to the Pearl River’s flow once it reaches Monticello.

“We’re not seeing huge changes very far from (where the proposed weir, or dam, would go),” Constance said, adding later that the models the Corps used were some of the best he’d work with in his 39 years on the job.

Others in the audience, such as Alton Letchworth, argued that the Corps’ cost-benefit analysis didn’t make sense.

“You could buy out every home in the flood area, and you wouldn’t use half the money that you’re going to spend on this,” Letchworth said.

So far, the federal government has made $221 million available for the flood control project, meaning if Alternative D were selected, the project would still need another $266 million to $434 million in funding. Moreover, the local sponsor for the project — in this case the Rankin-Hinds Pearl River Flood and Drainage Control District — would be responsible for 35 percent of those costs, or $170 million to $229 million.

Constance replied to Letchworth that Alternative D would have a wider impact in terms of flood control than simply just offering buyouts, which would vary in success depending on the participation rate of property owners.

Earlier, though, a Corps official clarified how the agency calculates a project’s potential benefits: while at least 50 percent of the benefits have to come from flood control, additional benefits from recreational opportunities can be included in the agency’s analysis. Constance explained that the benefits of damming the river — which is what separates Alternative D and One Lake from other options the Corps is considering — would be recreational, not flood control-related.

Columbia Mayor Justin McKenzie and others argued, despite the Corps’ hydrological models, that the weir would harm those downstream similarly to what they saw after the Ross Barnett Reservoir was built in the 1960s.

“I do think there’s some responsible ways to do (this project) without creating a weir,” McKenzie said. “I don’t want any of my tax revenue to be spent on recreation of the lake in Jackson.”

Another possible impediment to the project is the Pearl River map turtle.

On Tuesday, the U.S. Fish and Wildlife Service listed the Pearl River map turtle as “threatened” under the Endangered Species Act, estimating that only 21,000 of the species remain in existence. The Pearl River map turtle’s habitat, the agency says, includes the Pearl River system in Mississippi and Louisiana.

“The science that the Service has gathered on the Pearl River map turtle indicates it could become endangered in the near future,” said Fish and Wildlife Biologist Luke Pearson in a press release. “These native freshwater map turtles are at risk and need our help. Working with state fish and wildlife agencies and our partners to conserve them is a priority.”

According to the Corps’ draft EIS, Alternative D is “likely to adversely affect but not likely to jeopardize the continuing existence of” the turtles. During Thursday’s meeting, Corps officials said they are still consulting with the USFWS on potential impacts to animals listed as threatened under the Endangered Species Act, and that the agency’s advice will be incorporated into the final EIS.

“(The project) would require some excavation for the banks (along the Pearl River), and those turtles have been known to rely on those banks,” Brandon Davis with the Corps said.

For more information on how to submit comments before the Aug. 6 deadline or on the draft EIS, visit the Corps’ project website here.

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JXN Water confirmed to station WLBT this week that it shut off drinking water for an apartment complex in the city that was late on paying its bills, but declined to tell Mississippi Today how many total accounts have been suspended so far.

The third-party utility, which was established in 2022 through a federal court order, said it began shutting off water connections for not paying water bills in March. But when asked if it had a number of how many accounts or connections were shut off for overdue bills, JXN Water declined to say.

“No, as in we are not releasing that number,” Aisha Carson, a media spokesperson for JXN Water, told Mississippi Today on Thursday. “We’re not talking about it publicly.”

The complex that JXN Water did comment on was The Gardenside Apartments, a property just west of State Street on Northside Drive. Management with the complex didn’t respond to a request for comment, but an advertisement on Apartments.com says Gardenside contains 144 units with rent for one-bedroom apartments starting at $749.

The advertisement also reads: “Water, Sewer and Trash included!”

The complex’s website listed just two vacancies as of Thursday afternoon.

JXN Water told WLBT that it made “repeated attempts” to collect on Gardenside’s past due bills. The TV station reported that complex owes $149,000 and has not made a payment since 2017.

“That company that owns (Gardenside) owns more than one apartment complex in Jackson,” Carson said. “None of their accounts are current, and they have not been responsive to our requests at all.”

The registered agent for Gardenside on the state’s business registry database is Moshe Weber. The address listed for Weber in the Mississippi Secretary of State’s website matches one listed for a New York Life insurance agent with the same name in Brooklyn, New York. Weber did not respond to multiple requests for comment.

In April, JXN Water told WLBT that five apartment complexes, not including Gardenside, owed over $1.8 million in water bills. All five were owned by out-of-state companies.

Carson wouldn’t specify what other complexes are at risk of having their water shut off, but said some have reached out to JXN Water to work out payment plans since the April news.

“We are actively enforcing our severance process for apartment complexes that are more than 90 days behind (on their water bill),” she said.

In a Wednesday press release, JXN Water said it will send a property manager multiple notices before beginning the severance process. The utility also encouraged tenants in Jackson apartment complexes to ask their property management companies whether their accounts with JXN Water are current.

If you live in Jackson and have had your water shutoff due to your apartment complex not paying its bill or for any other reasons, reach out to us at info@mississippitoday.org.

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As of Friday, five of the six locations where Mississippi’s prisons are located are under a National Weather Service heat advisory.

And the Mississippi Department of Corrections has no clear timeline as to when it will install air conditioning to bring relief to inmates and staff.

“We are continuing to explore our options to provide air conditioning where possible; however, there is no timetable for that installation at this time,” MDOC spokesperson Kate Head wrote in an email. 

One woman incarcerated at the women’s prison at the Central Mississippi Correctional Facility in Pearl said relief from the heat is hard to come by and the temperatures inside are worse than outside without any shade or trees. The woman asked not to be named for fear of retaliation. 

“It’s actually worse (in) here,” she said Tuesday. “The heat just hits you in the face.” 

The heat index, also known as what temperature feels like on the body, takes into account humidity and air temperature. Friday’s advisory was said to expect index temperatures up to 110.

According to the Centers for Disease Control and Prevention, people who are at an increased risk of heat-related illnesses include those without access to air conditioning, those over the age of 65 and people with chronic conditions – populations that include incarcerated people. 

Last year was the incarcerated woman’s first summer at the prison, and she witnessed people pass out or experience seizures because of the heat. 

Head, the MDOC spokesperson, wrote in an email that the department is taking steps to mitigate the heat by providing incarcerated people with water, ice and fans. 

This is similar to what has been done in previous years, but some incarcerated people have said that distribution of ice isn’t always regular or enough to support hundreds of people and that fans move hot air around. MDOC did not respond to these concerns Friday. 

Air conditioning installation has been completed at the women’s prison at CMCF in the church, school and dining areas, the incarcerated woman said. Several weeks ago it was completed in her housing zone, she said, but the AC there has not been turned on. 

Tuesday evening, the prison superintendent visited the building where the incarcerated woman lives and told residents the air conditioning would not be turned on for the foreseeable future because it requires a part that is on backorder, the woman said. 

The woman has also seen how three emotional support dogs trained by seminary students are moved to air conditioned areas and provided pools of water to stay cool. She doesn’t understand how the animals get access to the relief but she and the other women don’t. 

“We get the short end of the stick on everything,” she said, in reference to how the men at CMCF already have AC and the dogs in the women’s prison get access to it. 

MDOC did not respond to questions about the air conditioning and the dogs’ access to it.  

Last year as air conditioning was installed at three-fourths of the Mississippi State Penitentiary at Parchman, Commissioner Burl Cain estimated that by sometime in 2025, AC would be coming Parchman’s Unit 29, South Mississippi Correctional Institute in Leakesville and other facilities, so long as funding was available to support those upgrades. 

“It just takes a good while to get it all done,” he said in an April 2023 interview with Missisisppi Today. “That’s just the way the funding is.” 

At Parchman, the heat index was above 130 degrees –  within the extreme danger category where a person’s risk of heat-related illness is likely – for 25 of the past 72 hours, according to the National Weather Service records. 

On four separate instances Wednesday afternoon, the heat index reached 185 at Parchman, according to weather data. 

Pictures from Parchman’s Unit 29, which doesn’t have air conditioning, shows how men have secured 8-inch fans purchased from the commissary to the bars of their cells and placed their mattress on the floor beneath the fan, which some have told advocates is how they get relief from the heat. 

The majority of Parchman has had air conditioning since last summer, but Unit 29 is part of the group of prisons that are expected to get AC sometime in the future. 

At all prisons, an 8-inch fan is available to buy from the commissary for $29.95, which is among one of the most expensive on the prison’s commissary list compiled by The Appeal. 

Even if an incarcerated person has a job, Mississippi prison industry jobs can pay between 20 cents and $1.30 an hour, which falls within an estimated national average calculated by the Prison Policy Initiative. The group also estimated regular prison jobs nationwide have an estimated range of 14 cents and 63 cents an hour. 

Privately operated Eastern Mississippi Correctional Facility has AC including in its housing units, but family members told advocates that since the end of May, the air conditioning has not been functional. 

The maximum daily temperatures in Meridian, where the prison is located, have been above 90 degrees since the end of May, according to the National Weather Service. 

Meridian is also under a heat advisory, and within the past three days, the highest heat index was 107 degrees – 95 degrees at 75% humidity, which is in the danger category for heat-related illnesses. 

Management and Training Corp. spokesperson Emily Lawhead said technicians have diagnosed problems with air conditioning units and will install new units when they arrive. 

“We’re working hard to get all AC units back online as soon as possible,” she wrote in an email. 

In the meantime, Lawson said cold water and fans are available, and Gatorade is provided to staff and incarcerated people for them to stay hydrated. Swamp coolers are cooling the air in areas where AC units are waiting to be repaired, she said Friday. 

Heat in prison is a national issue that Families Against Mandatory Minimums, which represents incarcerated people and their families, and One Voice United, a group representing corrections staff, have teamed up to address. 

The Safer Prisons, Safer Communities campaign is highlighting a nationwide crisis through overcrowding, understaffing and deteriorating conditions that make prisons unconducive to rehabilitation and create poor conditions for incarcerated people, prison staff, families and communities. 

Andy Potter, executive director of One Voice United and a former Michigan corrections officer, recognizes prison infrastructure can be old and it can be expensive to install air conditioning.

But he said it’s not enough for incarcerated people and the corrections staff to rely on fans, water bottles and Gatorade to stay cool. The incarcerated and staff do not have the freedom or ability to seek relief in a similar way as those not in a prison system can do, Potter said. 

Daniel Landsman, vice president of policy for FAMM, said air conditioning can help decrease incidents of violence and fatalities, which research has found increases with heat. 

“Heat is just going to make all the things we are experiencing in our prison system worse,” he said. 

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A federal judge in Mississippi has blocked enactment of a Biden administration rule designed to prevent medical care from being denied to those seeking treatment related to gender identity or sexual orientation.

The lawsuit U.S. Southern District Judge Louis Guirola Jr. ruled on Wednesday was filed by 15 states, including Mississippi. But he said his injunction preventing the Biden administration from enforcing its rule would apply nationwide. His ruling is likely to be appealed.

On social media, the Human Rights Campaign proclaimed, “This is not over. All LGBTQ+ people should receive the health care we deserve and be able to make informed decisions about our own bodies.”

The Biden administration rule enacted earlier this year is designed to ensure those seeking medical care on the basis of gender identity or sexual orientation are not subject to discrimination. The rule is supposed to cover entities receiving federal funds for the delivery of health care.

The states argued against being forced to provide gender-affirming care through Medicaid programs or through health plans for state employees. In addition, the states argued against private insurance companies being required to provide such care.

“Injecting gender identity into our state’s medical system is a dangerous pursuit of a political agenda from the Biden Administration,” Mississippi Attorney Lynn Fitch said in a statement. “Medical professionals should not be forced to provide gender transition surgeries or drugs against their judgment and hospitals should not be prohibited from providing women-only spaces for patients. I am proud to lead the multistate effort with Tennessee Attorney General Jonathan Skrmetti to stop the Biden Administration and push back on this reckless rule.”

The lawsuit is one of many filed by attorneys general and others objecting to the Biden administration interpreting Title IX to apply to banning discrimination based on sexual orientation and sexual identity. Congress passed, and President Richard Nixon signed into law, Title IX in 1972 to ban sexual discrimination.

In response to one of the similar lawsuits ruled on earlier in Louisiana, Kelley Robinson, president of the Human Rights Campaign, said, “Every student … deserves to be safe. Every young person deserves protection from bullying, misgendering and abuse.”

Robinson added, referring to the earlier court ruling, “This is MAGA theatrics with the dangerous goal of weaving discrimination into state law.”

Mississippi has passed a state law prohibiting minors from receiving gender-affirming care even if it is recommended by physicians.

On social media, Gov. Tate Reeves said, “The Biden Administration attempted to undermine Title IX by dramatically reinterpreting its meaning to now apply to gender identity. Thankfully, a federal court judge has sided with Mississippi and other states who chose to stand up for women and defend Title IX as it currently exists.”

The lawsuit filed by Fitch and other attorneys general argued that their states could be penalized by the loss of federal Medicaid funds, for example, if they did not adhere to the rule.

In blocking the rule. Guirola cited the Chevron case where the U.S. Supreme Court recently said that federal agencies should not be given deference in their rules-making.

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The leaders of the Mississippi’s two major political parties recently offered two opposing plans for how much they plan to interact with candidates competing for one the state’s three contested races for the state Court of Appeals and the state Supreme Court. 

Mississippi Republican Party Chairman Mike Hurst told Mississippi Today on the June 24 edition of Mississippi Today’s “The Other Side” podcast that the GOP will likely endorse certain candidates in the race, while Mississippi Democratic Party Chairman Cheikh Taylor said on the July 1 episode of the podcast that judicial endorsements are not on the party’s radar. 

Judicial elections tend to be low-interest races, but the elections this year will take place on the same ballot as the presidential and congressional elections. If a major political party endorses a candidate, it could give them more name recognition at the ballot box.

“I know it’s a nonpartisan race, and I think there should be a clear dividing line between the campaigns for nonpartisan races and the partisan entities like the Republican Party,” Hurst said. “But at the same time, we all know that there are differences that judicial candidates hold in their opinions on how to interpret the constitution and how to interpret statutes.” 

Candidates for the Mississippi Court of Appeals and the Mississippi Supreme Court are required to run as nonpartisan, meaning they do not run in a party primary. However, political parties can still endorse candidates running for those offices. 

For a few years, state law banned parties from endorsing or donating money to nonpartisan judicial candidates. But the state GOP in 2002 filed a federal lawsuit challenging the ban. U.S. District Judge Henry T. Wingate struck down the ban as unconstitutional, saying it was a violation of the U.S. Constitution’s First Amendment. 

Taylor, who just won election to a full term as Democratic Party chairman, said the party is still in a “rebuilding phase” and has to carefully decide which races it should get involved with. 

“There are so many races to get involved in and so many ways that funding is limited,” Taylor said. “We are structuring now to broaden our base to make sure that fundraising is not an issue moving forward.” 

There are three contested judicial races this year: an open seat on the Mississippi Court of Appeals and two Mississippi Supreme Court races where incumbents face challengers. 

In the Central District race for the Supreme Court, longtime incumbent Justice Jim Kitchens, a senior member of the Court, faces a challenge from four candidates: Abby Robinson, Ceola James, Byron Carter and Jenifer Branning. In the Southern District race, incumbent Justice Dawn Beam faces a challenge from David Sullivan. 

Three people are competing for an open Court of Appeals seat: Jennifer Schloegel, Amy Lassiter St. Pe and Ian Baker. 

All candidates will appear on the Nov. 5 general election ballot. If a candidate does not receive a majority of the votes cast, the two candidates who received the most votes will advance to a runoff election on Nov. 26.

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As photojournalists, we travel across the state, capturing moments that resonate beyond pixels and frames. From the Delta to the Gulf Coast, we bear witness to the environmental issues shaping the lives of Mississippians firsthand. These images document the impact of climate change, pollution, and natural disasters on local communities. Traveling to the heart of these stories is integral to Mississippi Today’s commitment to honest and impactful reporting, ensuring that the voices and experiences of those affected are vividly portrayed.

By Eric J. Shelton

By Vickie King

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The Mississippi Legislature has been ordered to create more Black-majority House and Senate Districts by a federal three-judge panel.

“The court rightly held that the Mississippi Legislature used the redistricting process to dilute the power of Black voters. Those legislative districts denied Black Mississippians an equal voice in state government,” said Jarvis Dortch, executive director of the ACLU of Mississippi.

 The judges ruled in a lawsuit filed on behalf of the Mississippi Conference of the NAACP and Black voters from across the state that the districts that were drawn in 2022 by the state Legislature diluted Black voting strength. Legislative redistricting occurs every 10 yeas after the federal census.

In the ruling, released late Tuesday, the federal panel said it would give the Legislature the opportunity to redraw the districts, but added, “It is the desire of this court to have new legislators elected before the 2025 legislative session convenes, but the parties can make whatever arguments about timing they conclude are valid.”

The state, which opposed the lawsuit, can argue for more time to redraw the districts. Or the state could appeal the ruling to the U.S. Supreme Court.

MaryAsa Lee, a spokesperson for Republican Attorney General Lynn Fitch’s office, said the agency is currently reviewing the court’s opinion. She did not say whether Fitch wanted to appeal the order.

The federal panel did not accept all of the arguments of the NAACP and other plaintiffs. But the panel ruled that Black-majority Senate districts should be drawn at least in the DeSoto County area in north Mississippi and in the Hattiesburg area in south Mississippi. In addition, a new Black majority House district should be drawn in the Chickasaw County area in northeast Mississippi.

The state has a Black population of about 38%. Currently there are 42-Black majority districts in the 122-member House and 15 Black majority districts in the 52-seat Senate.

Multiple groups represented the NAACP and other plaintiffs in the case.

The three judges serving on the panel were all appointed by Republican President George W. Bush.

Charles Taylor, executive director of the Mississippi State Conference of the NAACP, said he was pleased with the decision “although we wish the court had gone further.”

The NAACP and others argued the totality of the 2022 redistricting by the Legislature diluted Black voting strength. Groups argued by “packing” a large percentage of Black voters in a concentrated number of districts it deprived them from having an impact in other districts. The three judge panel did not accept the total argument of the plaintiffs.

But still, the people who brought the lawsuit maintained the decision of the federal panel was a victory for Black Mississippians.

“This ruling brings us much closer to the goal of ensuring that Mississippi has a fair number of majority-Black legislative districts to go along with the majority-white ones,” said Rob McDuff, an attorney with the Mississippi Center for Justice.

READ MORE: Lawsuit claiming Mississippi Supreme Court districts are discriminatory is set for August

The Lawyers’ Committee for Civil Rights Under Law, the American Civil Liberties Union, ACLU of Mississippi, the law firm of Morgan, Lewis & Bockius, Mississippi Center for Justice and civil rights attorney Carroll Rhodes all participated in the case.

“This ruling affirms that the voices of Black Mississippians matter and should be reflected in the state Legislature,” said Jennifer Nwachukwu, of the Lawyers’ Committee for Civil Rights Under Law Voting Rights Project.

The next step will be for either the state to appeal or present arguments to the federal panel on why the new districts should not be drawn and filled via election before the 2025 legislative session.

If the federal panel rejects potential arguments from the state about why the new districts should not be drawn before 2025, state lawmakers will likely have to convene for a special legislative session.

Republican Gov. Tate Reeves, who has the sole power to call lawmakers into a special session, did not immediately respond to a request for comment. A spokesperson for Republican Lt. Gov. Delbert Hosemann, the presiding officer of the Senate, also did not respond to a request for comment.

Taylor Spillman, a spokesperson for House Speaker Jason White, a Republican from West, said the speaker’s office was reviewing the opinion, but had not further comment on the ruling.

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Rick ducks into an abandoned Boston Logan Airport terminal to tell us about the National Federation of High Schools Hall of Fame induction ceremony for Fulton’s own “Dot” Ford Burrow, and the boys recount a fun weekend on the coast at the annual Mississippi Press Association, where Rick picked up some hardware of his own. Plus, Tyler rants about stoplights on Hwy. 49 and newly minted Texas Longhorns baseball coach Jim Schlossnagle.

Stream all episodes here.

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