A US federal judge has ordered the Trump administration to provide 48 hours’ notice before carrying out any work at the site of a proposed 250-foot arch near Arlington National Cemetery.
US District Judge Tanya Chutkan issued the order on Friday, September 4, requiring the administration to notify the court “before engaging in any activity on Memorial Circle other than on-site information gathering” aimed at locating underground cultural artefacts.
The ruling came a day after Interior Secretary Doug Burgum announced that excavation work for the controversial project could begin within days.
“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,” Burgum wrote on X.
“This will be 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.”
The proposed arch is among several projects initiated by President Donald Trump as part of his efforts to reshape Washington, DC. The development has faced opposition since it was announced, with three veterans and a historian filing a lawsuit in February to challenge the project.
The plaintiffs subsequently asked Chutkan on September 4 to impose a 14-day restraining order preventing the administration from “taking any steps to construct or to direct or facilitate construction of any structure in Memorial Circle.”
The request came after Burgum’s announcement that work at the location could begin soon.
The administration, however, told the court that the planned work would not amount to construction. In a court filing, government lawyers described the activity as a routine archaeological survey intended to examine the site.
Under the government’s plan, four test pits would be mechanically excavated no earlier than September 21, with the area expected to be restored by October 31.
“This activity is not construction, or demolition in preparation for construction, of an arch,” the government said.
The proposed structure has yet to receive final approval from the National Capital Planning Commission. Approval would also require an exception to the existing 130-foot building height restriction.
Chutkan’s order means the administration must notify the court before undertaking activities beyond the permitted on-site information gathering at Memorial Circle.
