A federal judge has ruled that the Trump administration must provide 48 hours’ notice before carrying out any work beyond preliminary archaeological surveys at the site of the president’s proposed 250-foot “Great Triumphal Arch” in Washington, DC, as veterans and a historian continue their legal fight to block the project.
President Donald Trump announced that he is ready to begin construction on his proposed 250-foot “Great Triumphal Arch” in Washington, DC, but a federal judge ruled on Friday that his administration must give 48 hours’ notice before carrying out any work at the site. US District Judge Tanya Chutkan ordered that the administration must inform the court “before engaging in any activity on Memorial Circle other than on-site information gathering” aimed at identifying underground cultural artefacts. The ruling forms part of an ongoing lawsuit seeking to halt construction of the arch.
The administration’s construction announcement
The judge’s order came a day after Interior Secretary Doug Burgum announced on 3 September that the administration planned to break ground at the site within days. Writing on X, Burgum said: “We are preparing to start, over the next two-week period, the excavation work necessary for the Great Triumphal Arch and Military Observation Deck, at Memorial Circle on Columbia Island between the Lincoln Memorial and Arlington National Cemetery.” He went on to describe the planned structure as one that would become “one of the Great Pieces of American Architecture, honoring the history and significance of Arlington Cemetery and befitting the most powerful Capital in the World.”
Legal challenge from veterans and a historian
Three Vietnam War veterans and an architectural historian filed an emergency motion on 4 September seeking a temporary restraining order to halt any excavation or construction work on the proposed arch. The plaintiffs, Michael Lemmon, Shaun Byrnes, Jon Gundersen and architectural historian Calder Loth, argued that the administration has “no legal basis for the construction work.” Their lawsuit was originally filed in February 2026.
The plaintiffs warned that the administration’s rapid push to move ahead could effectively turn the project into a “fait accompli” before the court has had the chance to resolve the underlying legal challenge. Central to their case is a dispute over congressional authorisation: the challengers argue the arch has never been approved by Congress, while the administration maintains that an existing 1925 law provides sufficient legal authority for the project to proceed.
The veterans have separately argued that the proposed structure would harm their own experience of visiting Arlington National Cemetery, rather than simply objecting to its appearance or design. Their lawyers have asked the court for a 14-day pause, which they say would give Judge Chutkan time to consider pending motions for summary judgment and determine whether further intervention is necessary.
What the judge’s order actually allows
Judge Chutkan’s order does not impose an outright ban on all activity at the site. The administration remains free to continue with on-site information gathering specifically aimed at identifying archaeological resources beneath the ground. Any activity beyond that limited scope of work requires the administration to give the court at least 48 hours’ advance notice before proceeding.
The Interior Department has said the initial phase of work is intended to involve excavation and archaeological investigation, rather than the immediate construction of the arch itself. According to the National Park Service, this archaeological work is intended to determine whether cultural resources exist beneath the current fill material on Columbia Island, work connected to the administration’s obligations under the National Historic Preservation Act and other federal laws.
Outstanding regulatory questions
The proposed arch has not yet received final approval from the National Capital Planning Commission, an important unresolved regulatory hurdle even as the administration moves ahead with excavation work. While the project has received early approval from the US Commission of Fine Arts, this is distinct from, and does not substitute for, final approval from the Planning Commission.
A further unresolved question concerns the structure’s height. The administration is arguing that the general 130-foot height restriction that typically applies to buildings in Washington, DC, should not prevent construction of the 250-foot arch, a position that remains contested as part of the wider legal dispute.
Administration seeks dismissal
Separately, the Justice Department has asked Judge Chutkan to dismiss the veterans’ legal challenge altogether, relying in part on a recent Supreme Court ruling concerning Trump’s proposed White House ballroom. The administration argues that the plaintiffs lack the legal standing necessary to challenge the arch, drawing on the Supreme Court’s recent finding that historic-preservation plaintiffs challenging the ballroom project had failed to demonstrate sufficient direct harm to bring their case.
What happens next
The administration has indicated that the excavation phase of the project could begin within two weeks, with the broader construction expected to take roughly two to three years to complete in total. The legal battle now sits at a particularly consequential stage, with the administration attempting to move from planning and regulatory approval into physical work at the site, even as the underlying court challenge remains unresolved.
