Supreme Court Upholds WAPA Board Reform, Curtails Governor’s Influence on Utility

In a landmark decision, the Supreme Court confirmed the Legislature’s authority to reshape WAPA’s board, reinforcing the utility’s autonomy from executive control. The decision clears the way for reforms in accountability and operational standards.

The Legislature of the Virgin Islands has been vindicated by the courts yet again, after the territory's Supreme Court upheld a ruling from the Superior Court regarding the composition of the Water and Power Authority Governing Board. The legal battle began after the initial passage of Act 8472 in May 2021. The bill sought to reduce the number of WAPA board members from nine to seven. Rather than having three of the governor's appointees, the measure reduced that number to one, and imposed requirements for educational or professional expertise among remaining board members.

Governor Albert Bryan Jr. almost immediately vetoed the measure and the legislature just as quickly overrode his veto, prompting the governor to take his argument against the new law to the courts. WAPA itself sided with Governor Bryan in his opposition to the Act, which was based on the argument that the legislation would “weaken the duty of the governor to exercise general supervision and control of WAPA,” according to Mr. Bryan.