President Trump – Oval Office,White House (Image composition: Benjamin Harris)
Judge Rejects DOJ Bid to End 48-Hour Notice Requirement for Trump’s Proposed Arch
The Justice Department went to federal court seeking to eliminate a requirement that the Trump administration give advance notice before taking steps connected to President Donald Trump’s proposed 250-foot arch at Memorial Circle.
The administration did not get the order removed.
U.S. District Judge Tanya Chutkan on Thursday instead clarified that her requirement applies specifically to activity connected to or undertaken in preparation for construction of the proposed arch. She also made clear that routine park maintenance and emergency response unrelated to the project are not covered.
Chutkan denied the Justice Department’s alternative request to dissolve the order altogether.
The decision leaves in place a 48-hour notice requirement as the administration moves toward excavation and continues the federal review process for the project.
Judge Clarifies What the 48-Hour Order Covers
The dispute centers on an order Chutkan issued as the administration prepared for work at Memorial Circle.
Justice Department lawyers argued that the wording was broad enough to interfere with public safety, park maintenance and routine government operations. The government asked the judge either to eliminate the requirement or clarify its scope.
Chutkan chose clarification.
Her order states that the words “any activity” refer only to activities “related to or in preparation for the construction of an arch on Memorial Circle.” Emergency response and ordinary maintenance unrelated to the arch are outside the requirement.
The judge nevertheless rejected the request to dissolve the order.
That means the administration must continue providing the court with advance notice for covered activity at the site.
Administration Had Announced Excavation
The court dispute intensified after Interior Secretary Doug Burgum announced earlier this month that the administration was preparing to begin excavation work for the proposed Great Triumphal Arch and a military observation deck.
Administration lawyers subsequently told the court that the initial work would involve gathering archaeological information rather than constructing the arch itself. The Washington Post reported that the administration had previously described the planned activity as informational work rather than construction or demolition in preparation for construction.
The project remains the subject of a lawsuit filed by three military veterans and architectural historian Calder Loth. The plaintiffs argue that construction would affect a historically significant landscape around Arlington National Cemetery and that the project requires additional legal and preservation review.
The litigation does not by itself establish that the project cannot ultimately proceed. The administration has continued pursuing the necessary federal reviews.
Preservation Review Identifies Potential Effects
The latest court ruling came shortly after reporting that the administration’s own historic-preservation review identified potential “adverse effects” from the proposed arch.
The 250-foot structure would be built at Memorial Circle near Arlington National Cemetery and the Arlington Memorial Bridge. Federal preservation officials have identified numerous historic properties and landscapes that could be affected by the project, including sites associated with the National Mall and the Lincoln Memorial.
The National Park Service and other federal agencies are conducting the review under the historic-preservation process.
Officials have indicated that the administration intends to continue with the project despite the identified effects. Mitigation measures and other steps are part of the ongoing review process.
Trump Envisions the Arch as a 250th Anniversary Project
Trump has promoted the proposed structure as a major monument connected to the nation’s 250th anniversary.
The planned arch would stand approximately 250 feet tall at Memorial Circle, along the prominent corridor connecting Arlington National Cemetery, Arlington House, the Arlington Memorial Bridge and the Lincoln Memorial.
The location has become a central issue in the legal and preservation dispute.
The veterans involved in the lawsuit say they regularly visit the area to honor fellow service members buried at Arlington. Their legal challenge argues that the proposed structure could alter an important historic sight line and the character of the surrounding landscape.
The administration has maintained that the project can proceed through the federal approval process and has continued developing its plans.
November Review Is Being Considered
The administration is also working toward a potential National Capital Planning Commission review later this year.
Administration officials have indicated that they expect to submit final plans ahead of the commission’s November meeting, although the commission has said it had not yet received an official submission as of Sept. 9. The submission deadline for that meeting was identified as Oct. 2.
That timeline could change depending on the completion of preservation reviews and other required approvals.
For now, the court’s requirement remains an additional procedural step the administration must follow.
Another Federal Judge Issued a Notice Requirement at the Kennedy Center
The arch case is unfolding alongside another Washington federal court dispute involving a major Trump administration project.
On Thursday, U.S. District Judge Christopher Cooper ordered the Kennedy Center to provide at least 30 days’ notice before making major physical changes to the building, including demolition. The order came after the Kennedy Center’s board voted to close the institution amid concerns about its physical condition and renovation plans.
The two cases involve separate projects and separate judges, but both have resulted in advance-notice requirements while litigation continues.
The Arch Project Remains in the Legal and Review Process
Thursday’s ruling does not determine whether Trump’s proposed arch will ultimately be constructed.
Instead, it preserves a court-imposed notice requirement while narrowing any possible ambiguity over what the requirement covers.
The administration can continue routine park operations and respond to emergencies without providing 48 hours’ notice, but activity connected to construction or preparation for the proposed arch remains subject to the court’s requirement.
At the same time, the project continues through federal preservation and planning reviews, while the lawsuit brought by veterans and an architectural historian remains pending.
For now, the proposed 250-foot monument has another procedural hurdle: before covered work moves forward at Memorial Circle, the administration must give the court advance notice.
Benjamin Harris is a RapidReports front page contributor and editor,proud father of four.
