Counsel for Save Coral Bay, Attorney Robb Fox, wrote to the Corps regarding the lack of a legal basis for splitting the marina permits into multiple parts – Section 10 for the marina, NWP 27 for the mitigation, and the inconsistencies with the 2014 Water Quality Certificate.

Following receipt of the Jan 2026 Compensatory Mitigation Plan, Save Coral Bay submitted a comprehensive review of the proposed mitigation measures, and gross errors in the plan proposed by Summers End.  Errors in bathymetry (water depth) render the fill quantity off by several thousand cubic yards.  The proposed construction is woefully inadequate in an exposed location.  The excacation proposed on the Fortsberg shoreline is entirely infeasible.  The cover letter and report are shown below:

A week following the approval of the marina permit, the Corps issued a press release announcing the permit approvals, citing the Trump executive order to “Build Infrastructure, not Paperwork” …

Due to the expanded Area of Potential Effects (the 4.5 acres of fill for mangrove island construction), the Corps is required to reinitiate Section 106 to assess for potential historic resources within the new areas.

On August 10, 2026, Save Coral Bay, together with the Coral Bay Community Council, filed a lawsuit challenging the permits approved by the United States Army Corps of Engineers for the Summers End Group LLC.