Who next could take up Jackson water system takeover fight now that Sen. David Parker is leaving state Senate
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- Mississippi’s Attorney General is awaiting a judge’s ruling on damages owed by China related to the COVID-19 pandemic.
- Experts suggest such lawsuits may strain US-China relations rather than yield substantial financial gains for states.
- The departure of State Senator David Parker raises questions about the future legislative direction regarding Jackson’s water system.
- While a House task force exists to address Jackson’s issues, there are currently no plans to interfere with the federally appointed JXN Water management.
Mississippi attorney general vs China
The state Attorney General’s Office is still waiting for a federal judge to determine how much the People’s Republic of China should pay the state after failing to show up to court.
That timeline could prove irrelevant. For even when the judge hands down the order awarding the state damages related to what the attorney general has said is China’s role in hiding information about theCOVID-19 pandemicit is unlikely the People’s Republic of China will cough anything up.
According to one political expert, the lawsuit and others like it could prove more harmful to the United States’ working relationship with the People’s Republic of China than fruitful for states seeking damages.
“Those of us in the political science and law business call this activity para-diplomacy, and basically what that’s referring to is when you have sub-national governments like states that are engaging in this foreign policy, either through the courts or through negotiations and agreements with other countries,” said Paul Nolette, an associate professor of political science and director of the Les Aspin Center for Government at Marquette University. “It complicates the picture of diplomacy with the United States’ largest geopolitical rival.”
Historically, after World War II and even the 9/11 terror attacks, individuals in federal court brought lawsuits against foreign nations when they alleged specific or personal damages.
“It’s getting a bit more attenuated in terms of the injury that, say, Mississippi or Missouri is in court against a nation like the PRC,” Nolette said.
Other states like Missouri were also successful in their suit against the People’s Republic of China, and it was awarded $24 billion. After the People’s Republic of China again cited the state had no jurisdiction to sue, the state’s attorney general said he would seize Chinese assets that amount to $24 billion throughout the nation if necessary.
If Mississippi were to be awarded damages and the Chinese government refuses to pay, State Attorney General Lynn Fitch could try the same approach. Nolette said that would have little chance of success.
“I cannot imagine a federalism type of scenario where a state is ordered to sell its own land that has been legally obtained by a foreign government,” Nolette said.
In most cases, states have jurisdiction to sue other states in federal court and seize assets, but, in Nolette’s opinion, it has never been done against a foreign nation.
“There’s virtually no way that I can think of that they would ever collect on this money,” Nolette said. “What I think the AG can collect on is perhaps the political goodwill amongst constituents to say, ‘I’m going after China hard.’”
Who will next take up JXN Water in MS Legislature?
Longtime state Sen. David Parker, R-Olive Branch, recently announced he would not seek reelection to his position in a special election expected later this year.
With Parker’s departure from the state’s higher chamber, it leaves an interesting question.
Is anyone else in the Mississippi Legislature going to take up future potential takeovers of Jackson’s water system? Probably not, but it’s not totally out of the question.
In 2022, the O.B. Curtis Water Treatment Plant, which treats water for much of Jackson and surrounding cities, failed after the Pearl River flooded due to heavy rainfall. The ensuing crisis caused repeated outages for the city’s 150,000 residents.
The United States Justice Department, as a result, stepped in and appointed Ted Henifin to oversee the system, and he subsequently created the management organization JXN Water. His receivership is supposed to end in 2027.
Parker tried several times to push a bill through the Legislature that would have established a water utility district comprised of political and local appointees as its leadership, to replace JXN Water after Henifin’s receivership ends.
In the 2024 regular session, Parker’s bill water system bill made it as far as a House committee that failed to take it up. Parker opted not to pursue a similar piece of legislation this year.
But groups within the Legislature have a stake in the future of the water system: Jackson’s local delegation, as well as a House taskforce committee dedicated improving Mississippi’s capital city.
Coming into the 2025 session, local lawmakers had not been given any ideas and had no plans to address the water system, citing a wish to let Henifin do his job for now.
Capital Revitalization Committee is sowen work yatesI-Jackson, said going after Parker’s approach doesn’t look appetizing to many lawmakers, seeing as if lawmakers did establish a new system under its authority, the debt the city’s water system owed prior to the receivership would still be owed, and the federal funds given to fix the system could not be used to pay it.
However, the taskforce committee did hold a hearing last summer and may do so again, Yates said, to discuss how the Legislature can assist the water system where necessary and hear updates on Henifin’s progress.
“JXN Water seems to be doing a good job,” Yates said.
Grant McLaughlin covers state government for the Clarion Ledger. He can be reached at gmclaughlin@gannett.com or 972-571-2335.
