DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
THE VIRGIN ISLANDS WATER AND POWER 
AUTHORITY, 
              Defendant. 
) 
) 
) 
 
) 
 
) 
Civil No. 2014-86 
) 
) 
) 
 
) 
) 
) 
 
ATTORNEYS: 
 
Laura Jane Rowley 
Myles E. Flint 
United States Department of Justice 
Washington, D.C. 
 
For the plaintiff, 
 
 
 
 
 
 
 
 
Mark Alan Kragel 
Bolt Nagi PC 
St. Thomas, U.S.V.I. 
 
For the defendants.  
 
ORDER 
GÓMEZ, J. 
 
 
The Virgin Islands Water and Power Authority (“WAPA”) owns 
and operates facilities that provide water and electricity to 
the people of St. Thomas and St. John. These facilities have 
permits as required under the Clean Air Act, 42 U.S.C. § 7401 et 
seq. (“CAA”).   
 
The St. Thomas Facility (the “STTF”) currently has permits 
to operate seven oil fired gas turbines. The turbines are used 
Case: 3:14-cv-00086-CVG-RM   Document #: 25   Filed: 11/10/16   Page 1 of 3
United States v. WAPA 
Civ. No. 14-86 
Order 
Page 2 
 
to generate electricity. The St. John Facility consists of a 
single diesel Engine.   
 
On November 10, 2010, the EPA issued two Notices of 
Violation for the STTF. On May 7, 2014, the EPA issued a Notice 
of Violation for the Prevention of Significant Deterioration 
(“PSD”) provisions of the CAA.1 The EPA alleges that the 
defendants failed to comply with various environmental 
regulations.   
 
On October 30, 2014, the United States filed a complaint 
against WAPA in this Court. The Complaint included 19 different 
claims for relief.  WAPA never filed an Answer. On September 24, 
2015, the United States filed a “Notice of Settlement.” See ECF 
No. 16.  The Notice of Settlement included a proposed consent 
decree for the Court’s approval (the “consent decree”). See id. 
A motion to approve the proposed consent decree was also filed 
with the Court. 
 
On September 20, 2016, a hearing was held to address the 
motion to approve the proposed consent decree. During that 
hearing, the Court raised the possibility of amending the 
proposed consent decree to provide for quarterly evidentiary 
                                                          
1 42 U.S.C. §§7470-7492 establishes the rules for locations that have already 
attained the national standards for PSD and wish to create facilities that 
would increase the level of pollution in a given area.   
Case: 3:14-cv-00086-CVG-RM   Document #: 25   Filed: 11/10/16   Page 2 of 3
United States v. WAPA 
Civ. No. 14-86 
Order 
Page 3 
 
hearings, at which hearings the parties would advise the Court 
of WAPA’s progress towards achieving compliance with the consent 
decree. The parties were provided with an opportunity to be 
heard on the issue of whether to amend the proposed consent 
decree. Thereafter, on September 30, 2016, the Court entered a 
consent decree, which required quarterly evidentiary hearings. 
 
The premises considered, it is hereby 
 
ORDERED that not later than one week before each scheduled 
quarterly evidentiary hearing, the parties shall inform the 
Court through an ECF filing whether WAPA is in compliance with 
the current timetable for the decree. The parties shall also 
advise the Court on whether the upcoming quarterly hearing has 
been obviated by WAPA’s compliance with the consent decree.  
 
 
 
 
S\ 
 
 
 
 
 
 
CURTIS V. GÓMEZ 
 
District Judge 
Case: 3:14-cv-00086-CVG-RM   Document #: 25   Filed: 11/10/16   Page 3 of 3