A federal judge on Friday ordered the Trump administration to provide at least 48 hours’ notice before carrying out most activities at the proposed site of a 250-foot triumphal arch near Arlington National Cemetery, adding another legal hurdle to the controversial project.
U.S. District Judge Tanya Chutkan issued the order one day after the Interior Department announced plans to move ahead with preliminary work despite ongoing litigation and the project lacking final approval from a federal planning authority.
Three military veterans and an architectural historian sought a temporary restraining order, arguing the administration has “no legal basis for the construction work.” They contend that building the monument requires congressional authorization.
The Trump administration maintains that a 1925 law authorizing the former commission responsible for Washington’s Arlington Memorial Bridge provides sufficient congressional approval. Opponents dispute that interpretation.
Interior Secretary Doug Burgum said Thursday that work would begin after “a very long wait.” However, government lawyers said planned excavation does not amount to construction or demolition. Officials intend to dig four test pits beginning on or after September 21 to determine whether archaeological or cultural materials are buried at the site. The area is expected to be restored by October 31.
Chutkan’s order allows archaeological investigations required under the National Historic Preservation Act but requires 48 hours’ notice for other activity. She also warned that construction or demolition before final National Park Service authorization, or without the previously agreed 14-day notice, would violate court orders.
The proposed Trump arch, inspired by Paris’ Arc de Triomphe, would stand near Arlington National Cemetery and is part of the president’s broader effort to reshape prominent sites in Washington. Supporters say the monument would honor American military veterans.
Critics argue the massive structure would disrupt the historic sight line connecting the Lincoln Memorial and Arlington House across the Potomac River.
The project still needs final approval from the National Capital Planning Commission, including an exception to Washington’s general 130-foot building height restriction.
Opponents have also cited Trump’s White House ballroom project as a warning about construction proceeding amid legal disputes. The Supreme Court recently allowed ballroom work to continue while litigation remains pending.


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