A complaint filed in U.S. Federal Court is seeking to stop the planned sinking of the famed ocean liner S.S. United Statescurrently scheduled for next week. A small, nonprofit, the SS United States Preservation Foundation, filed the suit on November 3 and an emergency motion for a temporary restraining order and preliminary injunction asking the court to stop the tow-out of the hull of the vessel scheduled for November 9.
Florida’s Okaloosa County acquired the vessel in October 2024 from another nonprofit, the SS United States Conservancy, which had owned the ship since February 2011. Okaloosa announced plans to convert the liner into the world’s largest man-made reef, sinking the ship about 22 nautical miles southwest of Destin, Florida.
Built by Newport News Shipbuilding in Virginia, the liner entered service in July 1952, in the heyday of Atlantic passenger travel. She was the largest passenger liner built in the United States and was designed by William Francis Gibbs, one of the foremost naval architects. She was designed for speed and, on her maiden voyage, smashed the speed records held by Cunard’s Queen Mary since 1938. The 53,300 gross ton liner, measuring 990 feet in length, averaged approximately 35 knots on the crossing, although it was rumored she was capable of approximately 40 knots when she was run all-out. She continues to hold the title of the fastest passenger liner to cross the Atlantic.
The S.S. United States was removed from commercial service in 1969 and later sold to the U.S. Government. Starting in 1980, she went into private hands with a variety of plans to restore her to operation. The Conservancy was looking for a partner to develop the ship as a museum, tourist attraction, or possibly a hotel.
Okaloosa hired consultants to remediate the ship in preparation for its conversion into a reef. The efforts focused on removing elements such as the remaining electric wiring, fuel, and other toxic materials, as well as making the hull safe for divers.
The suit, however, alleges that the U.S. Army Corps of Engineers approved the project without adequately examining environmental risks or complying with historic preservation requirements. The complaint asks the court to set aside the Army Corps’ permit modification and finding of no significant impact, and to bar the tow and sinking until the Army Corps complies with the National Environmental Policy Act and the National Historic Preservation Act.
It alleges that the Army Corps approved the project without preparing an environmental impact statement. It also alleges that the Army Corps failed to complete a required historic preservation review. It also highlights that the preparation project undertook “anticipatory demolition,” without the approval for the reefing project.
At issue is the use of hexavalent chromium in the early 1950s in the primer for the steel surfaces of the ship. The nonprofit asserts that laboratory testing identified hexavalent chromium in sampled coatings aboard the vessel and cites University of Florida’s Dr. Todd Osborne, who warned of potential harm to marine organisms, sediments, and the food web, as the chemical breaks down in water. Okaloosa has in the past asserted that it breaks down to a less harmful chemical. The Army Corps predicted minimal adverse effects despite uncertainty about contaminant quantities and release rates, according to the Foundation.
The Foundation estimates in its complaint that about 59,000 pounds of zinc chromate was applied as the primer during construction based on historical painting specifications and modeled surface area for the vessel. The Foundation is calling for further sampling and environmental assessment before sinking the vessel.
The suit is also challenging the mandated “Section 106” review. It is a key provision of the National Historic Preservation Act of 1966 (NHPA) that requires federal agencies to consider the impact of their federally funded, licensed, or permitted projects on historic and cultural properties.
The Foundation emphasizes the historical significance of the vessel, noting that it was listed in 1999 on the National Register of Historic Places. It says that the S.S. United States was described by National Park Service historian Patrick Andrus as “exceptionally important for engineering for its hull design and propulsion system.”
It also cites that the ship’s funnels, radar mast, last propeller, and portholes and windows were all removed during the remediation process.
On Friday, Judge M. Casey Rodgers of the U.S. District Court, Northern District of Florida Pensacola Division denied without prejudice the Emergency Motion for a Temporary Restraining Order. The judge wrote that the docket lacked a verified complaint and/or any affidavit attesting to the truthfulness of the facts. In addition, the judge said the plaintiffs were requesting the court to wave or set a minimal security bond, while noting the likely high berthing, mooring, docking, storing, etc. expenses for the S.S. United States. The court instructed that any subsequent motion must propose a bond amount sufficient to cover these expenses.
The Foundation refiled with an amended Emergency Moition later on Friday.
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The current plan calls for the hull of the liner to be towed from Mobile, Alabama on November 9. Weather permitting, the sinking is scheduled for November 12 in the Gulf.
Okaloosa County has said it continues to move forward with the project. It has not commented on the suit and told local media on Thursday that it had not yet been served in the case. The Army Corps has not commented. The Foundation’s lawyers included in the new filing details of the notice and reports, counsel for Okaloosa County, returned counsel’s call, indicating that the County opposes a temporary restraining order and a preliminary injunction.
Source: maritime-executive.com
