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.
Readers please consider that this has become Mr Silverman’s source of income – for the last 15 years. This is what he does. He makes money by spreading his polarizing rhetoric and asking for donations. It’s funding his flip-flop retirement. The Law, the actual law, openly and publicly disagrees with him. Every lawsuit was lost or flatly dismissed. The AG himself just said Silverman is wrong. Is there an accusation that the AG is corrupt? Silverman would have you believe that – but he won’t say it because it’s libelous and not true – a bad combination. And so, if you read closely above, Silverman has already shifted gears to declare himself the warden of the project – as long as you keep sending him money. Just keep sending your (tax free?) donations. In my opinion, it very insulting to the VI Government, citizens and inspectors who will .. be…doing just that – keeping the project safe and within the parameters of the permitted scope. Does Silverman think we are all ignorant fools thankful he has traveled from New York City to deliver us from evil? Honestly, does anyone actually believe that Summer’s End was able to pay off or otherwise coerce every single approving entity – including the VI and Federal government (spanning several terms), countless legal professionals, NOAA, Army Corp, countless consultants, biologists, historians, engineers and industry professionals from around the world??. Really? Does that make ANY sense?
More plausible alternative theory: Silverman and his cronies will have to give up their free, illegal and improper moorings monopolizing and polluting Coral Bay. Look for yourself at Google earth or better yet, drive by. It’s horrendous. Nearly every boat is mast-less or otherwise disabled (hmm where/how are they pumping out human waste?) and every boat has a huge halo of ruined grass and sea life under their dragging keels and mooring chains. Don’t take my word – look for yourself. But how is that so? Silverman is the Protector of Sea Grass? Rules for thee, but not for me.
Consider that while the project is indeed large in scope, it’s also an enormous private (no tax dollars) investment, by a long time resident, in the infrastructure and economy of STJ. Consider if that investment is a good thing that will benefit all. Think about Caneel, Gallows Point and the Westin – consider the jobs created, the vast revenue brought in and happy memories made. Every one of those development projects are now considered “good” and the lifeblood of so many folks who work and visit. They are the pillars of the STJ economy. But Silverman will fight to keep his free dumping ground and his own personal income. It’s selfish, shortsighted and ruining OUR bay. Stop funding that racket. Consider that Silverman is the reason there is still storm damaged buildings lining the coast and overturned boats in the mangroves. He’s the reason there are now disputes over rent or leases that were long agreed to. He’s the reason the bay is still too polluted to swim in and the government is wasting vast amounts of time, money and energy on his endless litigation. All of that would have been long gone a decade ago. Imagine that – it’s something to consider.
Stop sending this guy money and see where his passion goes. Probably to another free dumping site.
One more observation about Mr. Silverman’s quest for donations. Don’t take my word for it, scroll up to the “tags” section and click on his name. It will bring up pages of articles where he is quoted or the opinions where he is the author. Just look through them and catch a glimpse of who this man is. Silverman is mad about something in every article and clearly does not believe in any one of his elected leaders. Not one of them gets the Silverman Stamp of Approval.
In every single article, he is a negative voice. Again, read it for yourself. He is a career rabble-rouser to be taken with a grain of salt. He’s mad about the annual sargassum influx and is pre-blaming future development. He’s mad about libraries closing for necessary repairs. Mad about a race track or something. He’s mad that Gov Bryan hasn’t stopped all human trafficking ever. He’s mad that the USVI government isn’t sensitive enough to the topic of emancipation (what??). He’s mad that the Government came up with money to dredge the harbor in STT and isn’t spending it on things that Silverman deems important – like a school for construction trades. A little condescending, no? Mr Silverman has determined that the children of the VI are good for the construction trades and kitchens. Why didn’t you recommend the medical, engineering or the legal field, Dave? Strange – until you think about it. GERS – Silverman is mad. He learned the term “environmental justice” in 2022 and boy he was mad. To the folks of St Croix, Silverman has an eye on your environmental justice and you’re doing it wrong, he said.
Maybe, if the USVI is such a corrupt, mis-lead and awful place – he should go back to New York City? I’d say he should run for some sort of office – but he did that and was quickly thrown off. Not voted off – he was thrown off. Google it. This isn’t a voice of reason or even a voice. It’s a man who likes to see his name and picture in the paper – and has figured out a way to get paid doing it. He’s not a journalist- that would require truth-telling. He’s not an environmentalist- that would require looking at the real source of pollution. He’s not a philanthropist, that would require promoting the welfare of OTHERS and making donations instead of receiving them.