The recent opinion issued by the Virgin Islands Attorney General has created great confusion among Virgin Islands residents and needs to be understood in its full, legal context. First and foremost, this is simply an advisory opinion written by the Attorney General at the request of Gov. Albert Bryan Jr. It does not have the force of law, nor does it have any direct bearing on the CZM permit issued to the Summer’s End Group in December 2020, in spite of media statements to the contrary.
The AG’s opinion claims that a CZM permit does not truly become “effective” until all federal permits are issued, meaning that a developer could hold a territorial CZM permit for years — even decades — without beginning construction. Under this interpretation, the one-year commencement deadline contained in Virgin Islands Code (§910(d)(7)) and in the official CZM Regulations (§910-10(a)(4)) would never begin to run. This view is entirely contrary to decades of practice in the Virgin Islands, and regulatory practice across the entire United States, and is based on a strained and legally unsound reading of the Virgin Islands CZM Act.
This reading, if enforced in the courts, would have far-reaching consequences. It would effectively eliminate expiration dates for CZM permits requiring federal approval and would allow projects to remain “alive” indefinitely, regardless of environmental changes, public concerns, or legislative oversight.
It would tie up public trust lands indefinitely, destroying opportunity for real development. Such an approach is inconsistent with the entire purpose of coastal-zone regulation, which is to ensure that development decisions are based on current environmental conditions, current law, and current public input.
The Attorney General’s opinion also exceeds his lawful authority. Under Virgin Islands law (3 V.I.C. §913), once a regulation has been approved by the governor, submitted to the Legislature, and published, it carries the force and effect of law. The AG is attempting to nullify a CZM Regulation which has been in place and enforced for over 40 years. Only the Legislature or the courts — not the Attorney General — can repeal or nullify such a regulation. The longstanding rule requiring construction to begin within one year remains in effect unless formally changed through those processes.
Regarding the Summer’s End Group marina project in Coral Bay, the legal reality is straightforward:
The CZM permit was ratified on Dec. 15, 2020, and became effective on that date.
No construction began within the required 12-month period.
No extension was requested by Summer’s End or granted by the St John CZM Committee.
Therefore, under the plain language of the permit itself and the controlling regulation, the permit automatically expired on Dec. 15, 2021.
The Attorney General’s opinion cannot breathe life into a permit that expired four years ago and automatically became null and void. At most, it provides non-binding guidance for future cases, and even then, only if properly enacted by regulation or through court order. The St. John CZM Committee and the Virgin Islands Coastal Commission remain legally bound to apply the laws and regulations as written — not as reinterpreted through an advisory executive opinion issued at the request of the governor.
The larger concern is institutional and ethical: attempts to use the V.I. Department of Justice to overturn established environmental law for a single politically well-connected developer erodes public confidence in government integrity. It is tantamount to the “weaponization” of the V.I. DOJ, a pattern we are all too familiar with at the national level and now is being seen at the local level. The people of the Virgin Islands deserve a permitting process that is transparent, lawful, and consistent for everyone.
As far as the Summer’s End project is concerned, the only impact which this opinion will have is to further delay the inevitable: if Summer’s End wants to pursue their mega-yacht marina project in Coral Bay they will, at some point or another, need to go back to the St John CZM Committee with an updated permit application, reflecting the project as currently proposed to the Army Corps, reflecting current environmental conditions and impacts in Coral Harbor, and demonstrating actual legal interest in all of the land parcels required to execute their project. Then, and only then, can the project be reviewed according to Virgin Islands law, and if approved, proceed to Army Corps determination.
Needless to say, Save Coral Bay will continue to monitor any and all developments in both the local and federal permitting process, and will advocate for complete adherence to all applicable laws, rules and regulations to protect Coral Bay for future generations.
— David Silverman, President, Save Coral Bay Inc.
Editor’s Note: Opinion articles do not represent the views of the Virgin Islands Source newsroom and are the sole expressed opinion of the writer. Submissions can be made to visource@gmail.com.
