Save Beef Island: Landmark Case

Somehow it seems fitting that this comes out around Earth Day. A landmark environmental case in the BVI, that was inspired in part by the Save the Guana Cay Reef action in the Bahamas, will be heard in the BVI High Court from April 27-29, 2009. The case, Virgin Islands Environmental Council v. Attorney General and Another, sets a precedent in the BVI as the first environmental and public interest challenge to a government decision. It involves judicial review of the former NDP Government's planning approval for a five-star hotel, marina and golf course that would destroy the scientifically documented biologically important Hans Creek Fisheries Protected Area in Beef Island. Legal issues in the case center around the irrationality of the decision in light of an over-arching "Development Agreement" which pre-approved many of the project components and the illegality of project approval in blatant contravention of the Fisheries Law prohibiting development that would adversely impact a fisheries protected area. On one side, the government maintains that the proposed $80 million project would bring in much-needed tax money, high-end tourists and mega-yachts to the BVI. On the other side, the Virgin Islands Environmental Council claims the proposed development at Beef Island would have irreversible adverse environmental impacts on this protected fisheries habitat. The case is being fought by the Virgin Islands Environmental Council (VIEC), a coalition of local fishermen, concerned residents, scientists and environmental activists. When local lawyers refused to assist, the group reached out to Fred Smith, Freeport attorney for Save Guana Cay Reef, who was the first attorney to give the group a legal opinion on the merits of the case. Due to numerous other commitments, Smith was unable to provide further legal assistance, but VIEC was able to secure the services of London counsel, Stephen Horckman, former chariman of the UK Bar Council and previous Chair of the Environmental Law Foundation. The case has received international attention and acclaim, including the support of Sir Richard Branson, owner of Virgin Atlantic Airways and Mosquito and Necker Islands in the BVI. Branson provides discounted flights on his airline for the legal team flying in from the UK. Funding the legal action, however, continues to be a major challenge. VIEC has been fortunate to receive the assistance of the Cambridge-based Ocean River Institute (ORI) a registered US Charity that provides support services for small environmental groups to take action in their own communities. In addition to raising tens of thousands of dollars to cover legal expenses, ORI has been instrumental in raising awareness around the world including an international petition with over 18,000 signatures and letters from individuals in support of the VIEC. Save Guana Cay Reef and the Beef Island case are just two Caribbean island examples of a world-wide phenomena - the struggle of local peoples and small land-owners against the powerful alliances of unscrupulous developers and politicians and their mega-resort and real estate development projects with the enormous problems they cause for society and the environment. This case represents a struggle to promote tourism models that value ecosystem survival, local communities, traditional culture and the way of life. During the April 27-29 hearing, it is expected that novel areas of law will be judicially considered that will affect the future of sustainable development, planning policy and the status of protected areas in the BVI and throughout the Caribbean.


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We will keep you posted on the outcome of this landmark case as the BVI's first environmental public interest group seeks to protect a breeding ground for several species of commercially important fish. - Donna

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