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Federal judge rules against Army Corps in Bonnet Carré lawsuit

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Federal judge rules against Army Corps in Bonnet Carré lawsuit

More than three years after a historic downpour within the Mississippi River basin led to financial hardships for the Coast's fisheries, a federal judge ruled Wednesday that the U.S. Army Corps of Engineers must seek consultation over the effects of opening the Bonnet Carré Spillway.

The spillway, which was built in the 1930s, is designed to redirect potential floodwaters from the Mississippi River away from New Orleans and into Lake Ponchartrain. But when the Corps the spillway, the river's eventually reaches the Mississippi Sound, and can impact the salinity in a way that kills off species such as oysters, shrimp and crabs.

After historic amounts of rainfall in 2018 and 2019, the Corps opened the spillway an unprecedented three times in two years. Mississippi published a series in 2020 on the impacts of the spillway openings, where Gulf Coast fishermen questioned the future of their careers after dealing with one disaster after another.

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In his ruling on Wednesday, Judge Louis Guirola wrote that the Corps violated the Magnuson-Stevens Act by not seeking consultation from the National Marine Fisheries Service — a part of the National Oceanic and Atmospheric Administration, or NOAA — when opening the spillway. The requires federal agencies to seek consultation if they take an action that impacts essential fish habitat.

Guirola ordered the Corps to consult with the National Marine Fisheries Service regarding the impact of the spillway openings by Sept. 30 of this year.

Guirola dismissed a related , filed by Lt. Gov. Delbert Hosemann, in September, 2021. In that case, later argued by Secretary of Michael Watson, Mississippi argued that the Corps should complete an updated environmental impact study on the effects of the spillway openings, and also that the Corps should open the Morganza Spillway, which would instead send water into southern .

The judge dismissed the case with prejudice over a lack of jurisdiction and failure to state a claim.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

North Mississippi business leaders urge Legislature to pass Medicaid expansion

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mississippitoday.org – Taylor Vance – 2024-04-22 16:24:50

A group of business from northeast Mississippi, one of the most conservative areas of the state, recently wrote a letter to House Speaker Jason White encouraging lawmakers to expand Medicaid coverage to the working poor. 

The letter, signed by influential Itawamba County business owner and Republican donor Luke Mongtomery, thanked White for pressing forward with Medicaid expansion legislation and called it “the most important legislative issue for the 2024 .” 

“As this bill now goes to our legislators appointed to the conference committee for consideration, I have faith that a workable solution will be developed that is agreeable among House and Senate leaders,” Montgomery wrote. “Legislation that is good for our future and for all Mississippians.”

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Montgomery wrote the letter on behalf of Mississippi Hills Leadership PAC, a committee of north Mississippi business leaders who regularly donate to statewide politicians and dozens of conservative legislative candidates.

Montgomery is the current chairman of the PAC, while Dan Rollins, of -based Cadence Bank, serves as the vice vice chairman and David Rumbarger, CEO of Lee County's Community Development Foundation, serves as its treasurer.

The PAC last year donated $50,000 to White's campaign, $50,000 to a PAC White controls, $50,000 to Hosemann and thousands of dollars to lawmakers, according to campaign finance reports with the secretary of state's office. 

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Business and civic leaders in northeast Mississippi such as Jack Reed Sr., George McLean, Hassell Franklin and Bobby Martin, all of whom have since passed away, had a longstanding history of advocating for political causes in the region. 

But in modern times, business leaders from the area are careful to wade into political issues beyond the typical scope of local business interests.

Montgomery told Mississippi in a statement that the PAC's leaders support White, a Republican from West, and Hosemann, the leader of the Senate, for realizing the importance of passing expansion legislation. 

“The Mississippi Hills Leadership PAC fully supports our House and Senate leaders as they work together to develop a responsible expansion plan that takes full advantage of available federal support for the benefit of our hospitals, our people, and our future,” Montgomery said.

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The letter comes in the middle of House and Senate leaders attempting to hammer out a compromise in a conference committee to resolve the different expansion plans the chambers have proposed.  

The House's expansion plan aims to expand care coverage to upwards of 200,000 Mississippians, and accept $1 billion a year in federal money to it, as most other states have done.

The Senate, on the other hand, wants a more restrictive program, to expand Medicaid to cover around 40,000 people, turn down the federal money, and require proof that recipients are working at least 30 hours a week. 

Montgomery's letter did not endorse a specific plan, but it did call the House's plan, which expanded coverage to the full 138% of the federal poverty level under the Affordable Care Act, “a reasonable and responsible proposal.” 

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A potential compromise is for the two chambers to agree on a  “MarketPlus Hybrid Plan,” which health policy experts with the Center for Mississippi Health Policy and the Hilltop Institute at the University of Maryland, Baltimore County estimate could save the state money in the long-term. 

Speaker White previously told Mississippi Today in an interview that he believes he can hold a bipartisan group of more than 90 House members, a veto-proof majority, together in support of a compromise expansion package. 

But the coalition of support in the 52-member Senate is more fragile. The Capitol's upper chamber only passed its austere expansion plan by 36 votes, with only one vote to spare for the two-thirds threshold needed to override a governor's veto. 

In addition to Hosemann, the PAC has donated money to the senators: Kathy Chism, R-New Albany; Rita Potts Parks, R-Corinth; Daniel Sparks, R-Belmont; Chad McMahan, R-Guntown; Hob , D-Amory; Ben Suber, R-Bruce; Dean Kirby, R-Pearl; Briggs Hopson, R-Vicksburg and Josh Harkins, R-Flowood. 

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Jack Reed Jr., the former Republican mayor of Tupelo and the CEO of Reed's Department Store, an economic anchor of downtown Tupelo, is also expected to be at the Capitol on Tuesday morning to advocate for expansion. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1892

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April 22, 1892

Credit: Courtesy of Big Apple Films

Fiery pioneer Vernon Johns was born in Darlington Heights, Virginia, in Prince Edward County. He taught himself German and other languages so well that when the dean of Oberlin College handed him a book of German scripture, Johns easily passed, won admission and became the top student at Oberlin College.

In 1948, the Dexter Avenue Baptist Church in Montgomery, Alabama, hired Johns, who mesmerized the crowd with his photographic memory of scripture. But he butted heads with the middle-class congregation when he chastised members for disliking muddy manual labor, selling cabbages, hams and watermelons on the streets near the capitol.

He pressed civil rights issues, helping Black rape victims bring their cases to authorities, ordering a meal from a white restaurant and refusing to sit in the back of a bus. No one in the congregation followed his , and turmoil continued to rise between the pastor and his parishioners.

In May 1953, he resigned, returning to his farm. His successor? A young preacher named Martin Luther King Jr.

James Earl Jones portrayed the eccentric pastor in the 1994 TV film, “Road to : The Vernon Johns Story,” and historian Taylor Branch profiled Johns in his Pulitzer-winning “Parting the Waters; America in the King Years 1954-63.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Podcast: Rep. Sam Creekmore says Legislature is making progress on public health, mental health reforms

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House Public Chairman Sam Creekmore, R-New Albany, tells Mississippi 's Geoff Pender and Taylor Vance he's hopeful he and other negotiators can strike a deal on expansion to address dire issues in the unhealthiest .

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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