Key Aspects:
- A preservation group has filed suit in federal court to halt the sinking of the SS United States.
- The lawsuit against the U.S. Army Corps of Engineers and Okaloosa County comes just days before the ocean liner is scheduled to be sunk.
- No change has yet been made to the timeline for moving the ship into Gulf waters and proceeding with the sinking.
The SS United States Preservation Foundation has filed suit in the United States District Court for the Northern District of Florida, Pensacola Division, seeking to halt the planned reefing of the SS United States.
The lawsuit was filed on Tuesday, November 3, 2026 and followed by an emergency motion for a preliminary injunction and temporary restraining order filed on Wednesday, November 4.
These filings come less than a week before the hull of the ocean liner is scheduled to move from Modern American Recycling & Repair Services of Alabama (M.A.R.R.S.) Pier 4 on November 9 and be towed through Mobile Bay to her final destination, about 22 nautical miles southwest of Destin-Fort Walton Beach, Florida.
That move may now be in jeopardy as the SS United States Preservation Foundation is raising environmental concerns surrounding the ship’s deployment as the world’s largest artificial reef.
The suit has named the U.S. Army Corps of Engineers (USACE) and Okaloosa County, Florida as defendants, along with various authorities within the USACE. Among the alleged complaints are violations of the National Historic Preservation Act and the National Environmental Policy Act.
“This decision was not taken lightly,” the Foundation explained in a Facebook post. “We recognize the seriousness of this step, but believe it is necessary to defend the principles upon which this Foundation was established and to seek accountability through the appropriate legal process.”
The not-for-profit Foundation has a variety of experts on its Board of Directors, including marine engineers, veterans, historians, and mechanics.
“Our commitment to saving and preserving the SS UNITED STATES remains at the heart of everything we do,” the Foundation said.
“However, we recognize that our responsibility extends beyond the preservation of one historic vessel. When our work brings serious concerns to light involving the protection of our waters, our environment, and public safety, we have a responsibility to speak up. Knowing what we know, we cannot simply look the other way.”
One of the key concerns of the lawsuit and the motion for a temporary restraining order and preliminary injunction is the potential introduction of chromates into the marine environment.
“The Corps failed to adequately evaluate the significant environmental consequences of introducing a vessel containing substantial quantities of toxic zinc chromate paint, including hexavalent chromium (Cr(VI)), into the marine environment, in violation of the National Environmental Policy Act,” the motion states.
“The sinking of the ship will permanently introduce its remaining chromium-bearing coatings into Gulf waters, where seawater exposure and deterioration could release hazardous contaminants into the surrounding waters and marine sediments, causing harm that may be difficult or impossible to reverse.”
The county’s position on the paint concerns is outlined on its official FAQ page for the SS United States:
“The vessel coating substance that has been making media headlines is not a federally regulated substance when it comes to artificial reefing,” the FAQ states.
As of press time, neither the Okaloosa County Board of County Commissioners nor the Army Corps of Engineers had issued a formal response to the lawsuit.
Will the Sinking Be Delayed?
It is possible the ship’s movement into Gulf waters and the reefing may be delayed as this legal action is considered, but no changes to the proposed timeline have yet been announced.
The U.S. Coast Guard Sector Mobile has established a 100-yard moving safety zone that will be in effect while the ship is underway and being towed out of Mobile Bay to her final sinking coordinates.
At the site of the sinking, all vessels not involved in the reefing operation must remain at least one nautical mile from the ocean liner until she reaches her final resting place on the ocean floor.
A public sendoff ceremony is planned at the Destin-Fort Walton Beach Convention Center at 1:30 p.m. on Wednesday, November 11, the day before the ship is set to sink, while a live viewing party for the sinking will be held at AJ’s Seafood and Oyster Bar in Destin beginning at 9 a.m. on Thursday, November 12. The actual deployment is expected to begin at 10 a.m., but all dates and times are weather-dependent.
The deployment will also be livestreamed at thessus.com for anyone to watch the historic event.
