Court Upholds WAPA Board Restructure, Reinforces Legislative Authority Amid Energy Crisis

The Virgin Islands Supreme Court has upheld a law reshaping the leadership of the Water and Power Authority, marking a significant decision for the territory’s largest utility provider and potentially impacting its governance moving forward.

The case, Bryan and Government of the Virgin Islands v. Virgin Islands Water and Power Authority focused on Act No. 8472, a 2021 law passed by the V.I. Legislature that reduced WAPA’s board members from nine to seven, set professional criteria for nongovernmental members, and limited the governor’s ability to appoint and oversee board members.

Background and Issues

Gov. Albert Bryan Jr., joined by the V.I. government, challenged a March 2023 Superior Court decision that upheld Act No. 8472 as constitutional. The act significantly altered WAPA’s Governing Board, reducing the governor’s appointed governmental members to only one—the director of the Virgin Islands Energy Office—and requiring nongovernmental members to have specialized expertise in areas like engineering, environmental science, and public affairs. Bryan argued that this act intruded on executive authority outlined in the Revised Organic Act of 1954, which vests the executive with control over the administration of public utilities like WAPA.