Mississippi
Divergent States Working to Safeguard America’s Most Important River
Political leaders in the Mississippi River area are looking to form a multistate compact to manage threats from climate change, water pollution and drought-affected regions elsewhere.
“Twenty million people drink from the Mississippi River and its tributaries every day, including me and my family,” said Colin Wellenkamp, executive director of the Mississippi River Cities and Towns Initiative.
With the world’s fourth-largest basin, the Mississippi River supports more than 400 species of wildlife, has led to more than 350,000 jobs and generates more than $21 billion in annual tourism, fishing and recreation spending, according to the nonprofit group American Rivers.
“Whether you’re looking at it from a clean water standpoint, an ecological standpoint, a shipping of goods standpoint, or even from national security, there’s not a more important waterway in our country,” Wellenkamp told VOA. “We need to come together to protect and manage this critical resource.”
That’s what community and political leaders hope to do with a Mississippi River Compact to help unify lawmakers and residents along more than 3,700 kilometers (2,300 miles) of America’s most important river.
The compact’s framework would join 10 states in the collective management of river resources in consultation with stakeholders, including environmental groups, businesses and riverfront communities, to promote transparency and a shared sense of responsibility for the river’s well-being.
“When a farmer in a state upriver uses harmful fertilizer, for example, it affects the ability for fishermen to catch healthy fish at the bottom of the river in the Gulf of Mexico,” Wellenkamp said.
Nitrogen and phosphorus in runoff from lawns, sewage treatment plants, farmland and other sources along the river trigger algae blooms that choke off oxygen in water, killing marine life. Where the river meets the Gulf, that has caused a “dead zone” the National Oceanic and Atmospheric Administration estimates is costing U.S seafood and tourism industries more than $82 million per year.
“The problems facing the Mississippi River are many,” said Matt Rota, senior policy director at Healthy Gulf in New Orleans, Louisiana. “Only looking at the environmental side of things, we need to address water diversion protections, the Gulf dead zone, pollution, catastrophic flooding and — as we’re seeing right now in Louisiana — persistent droughts that are allowing saltwater from the Gulf to make our water undrinkable.
“These issues can’t be addressed state by state,” Rota continued. “They require a ‘whole river’ perspective. It’s vague right now exactly what a compact would cover, but there’s certain potential. From shipping to flooding to agriculture to wastewater disposal to drinking water and more, if a compact could prioritize the sustainability of the river, maybe it could help attract funds to help solve these problems.”
A “thousand-mile journey”
Tackling these challenges as a group could prove difficult.
“Solving the collective problems that span the river will require political cooperation among a very diverse group of states that don’t always agree on river management priorities, particularly around water quality issues such as nutrient pollution,” said David Strifling, director of the Water Law and Policy Initiative at Marquette University.
“Still,” he said, the “resolution to pursue the development of a Mississippi River Compact is the first step in a journey of a thousand miles.”
Wellenkamp acknowledged that states along the river do not always agree on what is best, “but when the river experiences record-breaking floods, we are all under threat. And when we have record-breaking droughts, we all suffer. When harmful chemicals find their way into the river up north, it hurts those of us in the South. And when manufacturing operations along the river in the south are hurting, it harms their headquarters in cities along the river in the North.”
In pursuing a compact, Strifling believes it is promising that political leaders in the Mississippi River Cities and Towns Initiative are rallying around issues that unify them, such as protections against diverting water to places outside the river basin.
Threat of “thirsty eyes”
The western region of the United States is experiencing a historic drought that U.S. Geological Survey data shows has resulted in a 20% drop in water flow along the important Colorado River over the last two decades.
“And conditions are only getting worse with climate change,” said Healthy Rivers senior policy advisor Kim Mitchell. “Forecasts show the Colorado River could lose another 25 to 30% of its flow by 2050. The region is desperate for solutions.”
Some western U.S. leaders are looking at water from the Mississippi and from its large tributary, the Missouri River, as part of the solution. Arizona Governor Doug Ducey last year agreed to spend $1 billion to investigate solutions that include pumping flood waters from the Mississippi River into the depleted Colorado.
“The idea of piping ‘excess’ Mississippi River water across the continental divide to supply water to the desert Southwest has persisted for decades no matter how unworkable it has been proven to be,” Trevor Russell, director of Friends of the Mississippi River’s Water Program, told VOA. “But not only would it just be a band aid for the problems being experienced out West, it would put the Mississippi River — America’s greatest river — at risk, too.”
That is where a Mississippi River compact could be especially beneficial.
“States with thirsty eyes have been wanting to put a straw in the Mississippi for years,” Wellenkamp said. “A Mississippi River Compact would finally put an end to that threat because no state along the river could give another state access to the river without the other states’ permission.”
Mississippi
Mississippi Supreme Court balance of power at stake in upcoming runoff
JACKSON, Miss. (WLBT) – Four of Mississippi’s Supreme Court Justices were up for re-election this year. Two of those had opponents. One lost in the general election and the other is going to a runoff.
The outcome of next Tuesday’s runoff could change the overall balance of power on the court.
Michigan State University College of Law Professor Quinn Yeargain explains that nonpartisan elections make it tough to get a sense of the ideology of state supreme courts.
The best way to get a glimpse of how the court leans is to look at previous decisions. Yeargain pulled six notable cases to examine.
“In recent years the Mississippi Supreme Court has been more of a far-right court or very conservative court than a moderate-conservative court,” noted Yeargain who is a state constitutional law scholar.
He created a color-coded chart with pink indicating more conservative decisions and green the more moderate ones.
“And so a lot of the decisions that it has reached have been or have had a tendency to be a little bit more extreme, more deferential to the state legislature, more deferential to the governor, less willing to recognize individual rights and liberties, less willing to believe that the government has isolated peoples, individual rights and liberties,” said Yeargain.
The more conservative opinion won out in all of the example cases. But one of those four justices that leaned that way every time referenced is now being replaced. Justice Dawn Beam was defeated by Gulfport lawyer David Sullivan.
“There’s still a lot that will need to be learned about the ideology of the new justice,” Yeargain noted.
Then there’s this runoff for Central District 1 Position 3 with Jim Kitchens and Jenifer Branning.
“Justice Kitchens has been more willing to hold the government to account, to express skepticism about the nature of what the government is doing, and how it is acting,” he said. “But Senator Branning, for example, has been in the government. She has been one of these actors and I think it’s fair to conclude that she might be more deferential to the legislature or to the Governor in how she approached her rulings.”
Yeargain notes that it’s not to say that would be the case for Branning.
He hopes voters will do research about the positions of the judges before returning to the polls for the runoff.
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Mississippi
Attorneys want the US Supreme Court to say Mississippi's felony voting ban is cruel and unusual
JACKSON, Miss. (AP) — The U.S. Supreme Court should overturn Mississippi’s Jim Crow-era practice of removing voting rights from people convicted of certain felonies, including nonviolent crimes such as forgery and timber theft, attorneys say in new court papers.
Most of the people affected are disenfranchised for life because the state provides few options for restoring ballot access.
“Mississippi’s harsh and unforgiving felony disenfranchisement scheme is a national outlier,” attorneys representing some who lost voting rights said in an appeal filed Wednesday. They wrote that states “have consistently moved away from lifetime felony disenfranchisement over the past few decades.”
This case is the second in recent years — and the third since the late 19th century — that asks the Supreme Court to overturn Mississippi’s disenfranchisement for some felonies. The cases use different legal arguments, and the court rejected the most recent attempt in 2023.
The new appeal asks justices to reverse a July ruling from the conservative 5th U.S. Circuit Court of Appeals, which said Mississippi legislators, not the courts, must decide whether to change the laws.
Stripping away voting rights for some crimes is unconstitutional because it is cruel and unusual punishment, the appeal argues. A majority of justices rejected arguments over cruel and unusual punishment in June when they cleared the way for cities to enforce bans on homeless people sleeping outside in public places.
Attorneys who sued Mississippi over voting rights say the authors of the state’s 1890 constitution based disenfranchisement on a list of crimes they thought Black people were more likely to commit. A majority of the appeals judges wrote that the Supreme Court in 1974 reaffirmed constitutional law allowing states to disenfranchise felons.
About 38% of Mississippi residents are Black. Nearly 50,000 people were disenfranchised under the state’s felony voting ban between 1994 and 2017. More than 29,000 of them have completed their sentences, and about 58% of that group are Black, according to an expert who analyzed data for plaintiffs challenging the voting ban.
To regain voting rights in Mississippi, a person convicted of a disenfranchising crime must receive a governor’s pardon or win permission from two-thirds of the state House and Senate. In recent years, legislators have restored voting rights for only a few people.
The other recent case that went to the Supreme Court argued that authors of Mississippi’s constitution showed racist intent when they chose which felonies would cause people to lose the right to vote.
In that ruling, justices declined to reconsider a 2022 appeals court decision that said Mississippi remedied the discriminatory intent of the original provisions in the state constitution by later altering the list of disenfranchising crimes.
In 1950, Mississippi dropped burglary from the list. Murder and rape were added in 1968. The Mississippi attorney general issued an opinion in 2009 that expanded the list to 22 crimes, including timber larceny, carjacking, felony-level shoplifting and felony-level writing bad checks.
Justice Ketanji Brown Jackson wrote in a 2023 dissent that Mississippi’s list of disenfranchising crimes was “adopted for an illicit discriminatory purpose.”
Mississippi
Along the Mississippi River, an acorn-collecting ‘legend’ works to save struggling forests
Jerry Boardman doesn’t remember exactly when he started collecting acorns in the fall.
But the thousands upon thousands of them he gathers to share with people working to improve habitat along the Mississippi River makes the 81-year-old resident of De Soto, a village of about 300 between La Crosse and Prairie du Chien, a pretty big deal.
“It’s like a myth or a legend,” Andy Meier, a forester for the U.S. Army Corps of Engineers who receives a portion of Boardman’s bounty, said of the integral role it plays in his work. “It just has always been that way.”
In reality, Boardman began collecting around the time that the need for acorns — a nut that contains the seed that grows oak trees — was becoming critical. For the past few decades, the trees that grow in the Mississippi River floodplain, known as floodplain forests, have been struggling. Although they’re named for their ability to withstand the river’s seasonal flooding, they’ve recently been overwhelmed by higher water and longer-lasting floods.
Overall, forest cover along the stretch of the river from Minnesota down to Clinton, Iowa, decreased by roughly 6% between 1989 and 2010, according to a 2022 report on ecological trends on the upper Mississippi. In the years since, losses in some places have neared 20% — and were particularly acute following a massive flood event in 2019.
What exactly is driving the excess water isn’t fully fleshed out, but climate change and changes in land use that cause water to run off the landscape faster are likely factors.
The result is mass stretches of dead trees that can no longer perform their functions of providing wildlife habitat, sucking up pollutants that would otherwise run downriver, and slowing water during floods. Reno Bottoms, a sprawling wetland habitat on the river near Boardman’s hometown of De Soto, is one such example of the dispiriting phenomenon.
Boardman, who has been a commercial fisherman, hunter and trapper on the river for most of his life, called the change in forest cover in recent years “shocking.” To combat it, he puts in about 100 hours a year between August and October gathering acorns from the floodplain in De Soto, Prairie du Chien and La Crosse. The idea is that if the trees that produced the acorns were successful enough at warding off flood damage to drop seeds, those seeds might be similarly resilient if replanted.
He looks for acorns from the bur oak, pin oak and swamp white oak, the latter of which is particularly well-suited to the floodplain forest. And the numbers he puts up are impressive — last year, he collected about 130,000; this year, 65,000.
He splits up the total to give to the Army Corps and the U.S. Fish and Wildlife Service, both of which have foresters planting trees to restore floodplain habitat.
“Pretty much everything that Jerry collects, in one way or another, will return to the river,” said Meier, with the Corps.
Last fall, for example, they scattered between 20,000 and 30,000 of Boardman’s swamp white oak acorns near McGregor Lake, a river backwater near Prairie du Chien where the Corps is piloting an effort to protect trees from flood inundation by raising the forest floor a few inches.
This spring, Meier said, he was “blown away” by the approximately 1,000 seedlings that had taken root there and begun to sprout.
Having access to Boardman’s acorns is important because it gives foresters the chance to experiment with direct seeding, instead of buying young trees and planting them. Direct seeding is both cheaper and more likely to result in a viable tree, because the seed is local.
“When we have an opportunity to get something we know came from the river, we know that it’s adapted to growing there,” Meier said.
To maximize his time, Boardman uses a contraption not unlike ones used to pick up tennis balls to scoop up the acorns. One small variety, though, requires collectors to “get down on your hiney or your knees” to pick them up, he said. For those, he relies on a little grunt work.
Ev Wick, a fifth grade teacher at De Soto’s Prairie View Elementary, has taken his students out for an acorn-gathering day with Boardman for the past several years. Boardman scouts the best trees ahead of time, Wick said, then the kids get to work. They can pick up between 5,000 and 6,000 in a day, propelled by friendly competitions to see who can collect the most or fill their bucket quickest.
They’re interested when Boardman tells them all the acorns they collect will eventually be planted on the islands they see in the river, Wick said. But most of all, they do it to thank Boardman for taking them out fishing and ice fishing in the winter and spring.
Acorn-gathering is just one of Boardman’s talents. Along with other members of Friends of Pool 9, a group of area residents who work to protect natural resources, he hosts fishing days, runs river cleanups and counts bald eagle nests to report to the Fish and Wildlife Service.
Whether it’s acorn-related or otherwise, Meier said it’s amazing to see the commitment Boardman has to ensuring the river continues to thrive.
To Boardman, the chance to donate acorns or otherwise help out is a no brainer.
“That river has given me so much,” he said. “I’ve just got to give back all I can give.”
Madeline Heim is a Report for America corps reporter who writes about environmental issues in the Mississippi River watershed and across Wisconsin. Contact her at 920-996-7266 or mheim@gannett.com.
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