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Federal court clears path for Okaloosa’s SS United States artificial reef project, dismisses lawsuit

A federal judge dismissed a lawsuit seeking to block Okaloosa County's plan to sink the historic ocean liner off Destin-Fort Walton Beach.
Photo courtesy of Okaloosa County

A federal judge has dismissed a lawsuit that sought to prevent Okaloosa County from converting the SS United States into the world’s largest artificial reef, clearing a major legal hurdle for the project.

  • U.S. District Judge M. Casey Rodgers ruled on Aug. 6 that the New York Coalition to Save the Steam Ship United States Inc. lacked constitutional standing to challenge the county’s plan to sink the 990-foot vessel in the Gulf off Destin-Fort Walton Beach.

The county took ownership of the historic ocean liner on Aug. 27, 2024, and moved it to Mobile, Alabama, to begin preparations for its eventual deployment as an artificial reef. The county holds permits from the U.S. Army Corps of Engineers authorizing the creation of artificial reef sites, court records show.

The New York Coalition formed in October 2024 specifically to prevent the county from dismantling and sinking the SS United States, according to court documents. The organization argued it had standing because the ship’s destruction would terminate the reason for its existence.

Judge Rodgers rejected this argument, calling it “manufactured and self-inflicted injury” that does not establish standing under Article III of the Constitution. The court found that the coalition’s interest in historic preservation was “too abstract” and not a legally protected interest.

  • “The NY Coalition lays claim only to a widely shared interest in historic preservation, which is not a legally protected interest,” Rodgers wrote in the 12-page order.

The coalition had sought to delay preparations for sinking the ship and force the county to seek additional permits before dismantling the vessel’s superstructure, according to court documents.

The lawsuit claimed the county failed to seek review of its proposal to use a ship on the National Register of Historic Places as an underwater reef by appropriate federal agencies under the National Historic Preservation Act of 1966, court filings state.

According to the court filing, the coalition wrote a letter to the President of the United States on Feb. 10, 2025, requesting that the Executive Branch institute eminent domain proceedings to take the ship for public use and preserve it as a historic site. The Executive Branch has not responded to the letter, court documents state.

The court noted that when the county took title in August 2024, “the ship’s fate as an artificial reef was already sealed.” Judge Rodgers wrote that the coalition “was formed two months later for the express purpose of interfering with the County’s intended and authorized use for the ship.”

PROMOTION

2 Responses

  1. Okaloosa County only took ownership of the vessel on 15 October 2024, once the paperwork that was sign aboard the ship in a live presentation the previous Saturday (October 12th) was filed with the appropriate authority in the County.

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“Any news from the Live Oak Landing community in Freeport?”
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“We have been reporting CHELCO numbers on our social media. FPL has been pushing out more information that CHELCO and this story was focused solely on FPL.”
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“That is good info for FPL customers BUT, what about us Chelco customers??? There are more than a few of us still without power. The Chelco outage map shows about...”
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“You are telling me that there are only 1300 or so customers still without power? In bay county?”
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“If it wasn't for Mr Hebson, I wouldn't have graduated. He recognized that is was a very ADHD kid and needed help to focus. I graduated in 1981 and we...”
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“The hull and superstructure will surely look odd without her funnels!”
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“And take a look at Rocky Bayou too. That Bayou is always getting notices of "dirty" water yet there is a State Park on one side and residential on the...”
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“It is now 9:30 pm Tuesday night. Are any lanes of Hwy 98 still closed from this?”
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Tee commented on WordroW: October 6, 2026
“Great job!”
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