For Immediate Release
Save The Bay Applauds Superior Court Decision on The Dumplings Assoc. v. CRMC, Argues to Remove Politically Appointed Council
Rhode Island courts continue to admonish Council for failure to follow its own rules.
Save The Bay applauds the Superior Court’s decision in The Dumplings Assoc. v. CRMC as another check on the politically-appointed CRMC Council’s unacceptable abuse of discretion and disregard for proper procedure and fairness. The Rhode Island Superior Court ruled last week that the CRMC’s politically appointed Council approved a marina expansion and dredging project in Jamestown without complying with the CRMC’s own rules and procedures.
“The Council’s lack of accountability in how it arbitrarily enforces its own rules erodes the public’s trust in CRMC, hampering the agency’s ability to effectively protect our coastal resources,” said Topher Hamblett, executive director of Save The Bay. “Additionally, repeated judicial reversals or remands of flawed Council decisions costs the state time and money, creating a lack of confidence in CRMC. It’s time for the General Assembly to reform our coastal agency by passing legislation to remove the Council and provide for a full-time staff attorney that will ensure the agency abides by the rules.”
The Dumplings Assoc. v. CRMC case is another example of Rhode Island courts remanding a decision by the politically appointed CRMC Council due to the Council’s persistent misapplication and legally incorrect interpretation of its own rules. Save The Bay agrees with the Court that it absolutely defies logic that CRMC’s Council doesn’t understand or correctly apply its own rules. The Council’s inconsistent and faulty application of its rules is arbitrary, creates unpredictable results, and furthers the appearance that the Council lacks impartiality in coastal cases.
Rhode Island courts have repeatedly admonished the politically appointed Council for its failure to know, understand and evenly apply its own rules. In overturning the Council’s unlawful actions in the Champlin’s Marina case in 2022, the Rhode Island Supreme Court pointed to the Council’s obligation to engage in “an open, traceable decision-making process [which] is essential for an effective coastal management program.” This admonition followed after the Court’s 2010 decision on the same contested marina permitting case where the Rhode Island Supreme Court noted the importance of preserving “the public’s trust in the integrity of the administrative process.” Fair and accurate interpretation and trusted administration of our coastal laws are essential to the protection of our state’s coastal resources.
However, despite repeated rejections and remands of deficient Council decisions by Rhode Island courts, there have been no consequences for the Council’s breach of the public’s trust or its mandates to protect the state’s coastal resources. There have been no administrative or legislative inquiries, no new training for Council members, and no new procedures or policies to prevent future breaches of due process or public trust. In fact, the structure of the Council itself lacks transparency and invites abuse.
The Council is failing Narragansett Bay, our coast and the people of Rhode Island. Misapplication of CRMC’s rules by the Council results in costly delays and uncertainty for applicants and jeopardizes the consistent and fair implementation of the state’s coastal program. The well-being of Narragansett Bay, the economy, and the people who depend on it deserve better.
About Save The Bay
Founded in 1970, the Rhode Island-based nonprofit Save The Bay seeks to protect and improve Narragansett Bay and its 1,705-square-mile watershed. The organization works to achieve its vision of a fully swimmable, fishable Narragansett Bay, accessible to all, through its advocacy, education, and habitat restoration and adaptation work. Learn more about Save The Bay at www.savebay.org.