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Big Water Win for Jackson

Dr. Anne T. Sulton, Esq.

Senior International Correspondent

On June 1, 2026, U.S. District Court Judge Henry T. Wingate issued the court’s decision on the City of Jackson’s pending motion, which challenges the State of Mississippi’s new law creating an “Authority” to oversee Jackson’s troubled water/sewer systems.

In his 22-page decision, Judge Wingate noted that “the City of Jackson citizenry have suffered for decades under the failure of its water and sewer utilities.”  A few years ago, this continuously intolerable situation resulted in a complete systemic failure to deliver essential water/sewer services to tens of thousands of Jacksonians, prompting nationwide charitable donations of bottled water to Jackson residents, and eventually judicial intervention to address the catastrophe. Judge Wingate was assigned to help resolve the crisis.  

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After reviewing the new state law, Judge Wingate stated: “The state law, in this court’s eye, simply stands as an unexecuted contingency—a structure waiting in the wings.” Although allowing “the Authority to seat its board and engage in preliminary administrative preparation,” the court made clear that “the Authority is strictly prohibited from executing operational mandates, finalizing leases, or exercising managerial influence over the systems until this court formally approves a transition remedy.”

Thus, Jackson Mayor John Horhn is correct to characterize the court’s decision as a big win in court for the City of Jackson.

The court ordered that the legislatively created “Authority” is prohibited “from taking any operational or substantive action other than completing board appointments and seating its members. The Authority may not at this time, select a Board President, unless and until this court gives approval. The Authority shall enact no regulatory measures, finalize no lease agreements, issue no bonds, and assume no managerial influence or deputy control over Jackson’s water and sewer systems unless and until this court explicitly alters this decree or determines to relinquish its ongoing authority over the systems.”  

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