State
Legal Jockeying Continues In Environmental Case
North Mississippi Herald
OXFORD - A trial date in the U.S. District Court for the Northern District of Mississippi has been set for August 2, 2021, for a pair of civil lawsuits filed regarding the decades old contamination at the former
Colt Industries/Holley Carburetor site in Water Valley. Originally filed in Yalobusha County Circuit
Court, the first lawsuit was filed on Jan. 31, 2019 by the Yalobusha County Board of Supervisors and the Board of Trustees of Yalobusha General Hospital alleging that the Holley Automotive Division of Colt Industries, Inc., polluted the environment in Water Valley with trichloroethylene (TCE) from 1973 to 1987 and failed to remediate the pollution. The second suit, also filed in Yalobusha County Circuit Court, followed on Feb. 11 with the same allegations from almost 30 residents in the affected area.
The plaintiffs requested judgment including compensatory damages, special damages, punitive damages, attorneys’ fees and court costs, all in an amount in excess of the jurisdictional limits of the Circuit Courts in the State of Mississippi against the defendants, listed as En-pro Industries, Inc., EnPro Holdings, Inc., Goodrich Corporation and Samuel G. Williamson. Borg-Warner Automotive, the current occupant of the site, was not named as a defendant and has no environmental liability as
the alleged negligence occurred before the company acquired the property.The plaintiffs in both
lawsuits are represented by multiple law firms including Ridgeland-based Liston & Deas, PLLC; Texas based Ted B. Lyon and Associates; and local firm CrowMartin, PLLC. According to the complaints
filed by the plaintiffs,the TCE contaminated the soil and groundwater as it spread from the former
Holley Plant to include approximately 340 acres north and northwest of the plant impacting 28 residences
and 11 commercial or governmental buildings. Properties identified in the 31-page complaint include
Yalobusha General Hospital and Nursing Home, the Yalobusha County Health Department, the Yalobusha County Jail, the Yalobusha Health Services Adult Day Care building along with other medical offices and businesses. On March 1, the defendants filed a Notice of Removal to move the civil
action from the Circuit Court of Yalobusha County to the United States District Court, setting up a threemonth legal battle over the proper jurisdiction for the lawsuit that hinged on the inclusion of Williamson, a former Holley employee and local resident, as a defendant. In the filing, the
defendants claimed that Williamson was an improperly joined defendant whose citizenship in the
lawsuit must be disregarded for purposes of diversity jurisdiction. A ruling by U.S. District
Judge Glen H. Davidson on June 24 denied the request from the plaintiffs to move the case back to Yalobusha County Circuit Court. Judge Davidson also granted a motion to dismiss
Williamson as a defendant in the case as well dismissing claims pending against
Williamson without prejudice. Legal filings since then include a Case Management order that details
the timeline for the cases including the deadline designation for experts for the defense and plaintiffs,
final motions and the final pre-trial conference. During the last month, the parties have also been
in mediation, according to Yalobusha County Board of Supervisors Attorney John Crow. Speaking during a county meeting last month, Crow told supervisors that three days of mediation were scheduled for the
subdivision case, referring to the individual plaintiffs’ lawsuit, and mediation would follow for the lawsuit
filed by the county and hospital.
Enviva terminal at Port of Pascagoula ready for silos
WLOX
PASCAGOULA, Miss. (WLOX) - Port of Pascagoula officials gave WLOX at glimpse at the site of an Enviva terminal at Bayou Casotte. The site will house several silos capable of holding 90,000 tons of wood pellets.
Timing of spotted sea trout releases especially important
WLOX
OCEAN SPRINGS, Miss. (WLOX) - What a disaster can take away, science and hard work can help give back. On Wednesday, 67,000 spotted sea trout were released into Davis Bayou in Ocean Springs, and the timing couldn’t be better.
MDEQ LIFTS BEACH WATER CONTACT ADVISORY IN GULFPORT
WXXV
The Mississippi Department of Environmental Quality (MDEQ), through its Beach Monitoring Program, lifted a water contact advisory Wednesday for Station 10B (East Courthouse Road Beach) in Gulfport.
CITY ENGINEER DISCUSSES DRAINAGE ISSUES WITHIN COLUMBUS
WCBI
COLUMBUS, Miss. (WCBI) – Rain, rain, and more rain… It’s something the friendly city has seen a lot of this week, and the infrastructure downtown is struggling to keep up.
UPGRADES COMING TO MISSISSIPPI COAST COLISEUM
WXXV
The installation of the Mississippi Coast Coliseum’s new roof coating this summer was only the beginning of upcoming improvements being made to the 42-year-old building.
State Government
MISSISSIPPI CONSERVATION OFFICER WINS SEAFWA WILDLIFE OFFICER OF THE YEAR AWARD
WCBI
HILTON HEAD, S.C. (WCBI) – A Houlka native was named 2019’s SEAFWA Wildlife Officer of the Year.ion and innovations that may be utilized by other officers and departments.
Governor Bryant to donate poultry to the Salvation Army
WJTV
JACKSON, Miss. (WJTV)- Governor Phil Bryant will kick off this year’s holiday season by donating to the Salvation Army on November 6.
Regional
In parts of Louisiana's 'Cancer Alley,' toxic emissions set to rise with a raft of new plants
NOLA.com
Over a half-century, Hazel Schexnayder saw her riverside hamlet of St. Gabriel transformed from a collection of old plantations, tin-roofed shacks and verdant cornfields into an industrial juggernaut.
EPA effort to clean Southside lead site remains ongoing; agency needs help gaining access
Chattanooga Times Free Press
The EPA continues work to remediate lead on South Chattanooga properties as local residents and agency leaders share information about the importance of testing and what a cleanup entails for those living on contaminated land.
Alabama fisherman say "Buy Local!"
APR
October is National Seafood Month. In Alabama industry leaders, cooks, shrimpers and others are working to expand an industry that has faced environmental disasters, competition from imports and other challenges.
National
Keystone pipeline leaks oil in northeastern North Dakota
AP
BISMARCK, N.D. (AP) — A pipeline that carries tar sands oil from Canada through seven states has leaked an unknown amount of crude oil over more than quarter-mile swath in northeastern North Dakota, state environmental regulators said Wednesday.
Press releases
USDA, EPA, and FDA announce partnership with the Food Waste Reduction Alliance
10/30/2019
WASHINGTON — Today, the U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Food and Drug Administration (FDA) announced a new partnership with the Food Waste Reduction Alliance, the latest effort in the Winning on Reducing Food Waste Initiative launched by the three federal agencies in 2018.
Service Announces $100,000 Challenge to Save Nation’s Bats
Funding will support efforts to combat white-nose syndrome, a deadly fungal disease
October 30, 2019
The U.S. Fish and Wildlife Service is announcing a $100,000 challenge to combat white-nose syndrome (WNS), a lethal fungus that has killed millions of bats in North America and pushed some native bat species to the brink of extinction. Funding will be awarded to individuals who identify innovative ways to permanently eradicate, weaken or disarm the disease.
Gov. Bryant Announces Laura Jackson Executive Director of the Mississippi Department of Finance & Administration Retirement
Jackson- Gov. Phil Bryant announced today that Laura Jackson, Executive Director of the Mississippi Department of Finance & Administration, will be retiring from state government after more than 30 years of service effective January 15, 2020. She will be joining the administration at Mississippi College to serve as the Chief Financial Officer.
“I am incredibly grateful to have had Laura faithfully serve in my administration as one of my Agency Executive Directors,” said Gov. Phil Bryant. “Laura has done a tremendous job managing the state’s budget and operating DFA. I wish her the best in her CFO role at Mississippi College. She will be a great asset to the University.”
Jackson was appointed Executive Director of DFA in June of 2016 by Gov. Bryant. In her role, she manages more than 500 employees and is responsible for the management of the state’s budget. She also serves as the State Fiscal Officer.
“I am forever grateful to Governor Bryant for the opportunity to serve as the State Fiscal Officer and Executive Director of DFA. Serving the people of this great state has been my distinct honor for over 30 years. While I will miss my colleagues in state government, I look forward to my new career at Mississippi College, my alma mater in my hometown.”
Jackson and her husband live in Clinton. They have three children.
