Judge imposes hourly notice rules on Trump's Washington arch project
Tanya Chutkan requires government agencies to report on planning decisions within an hour as construction approval looms for Nov. 5.
By Takeshi Faure ·
U.S. District Judge Tanya Chutkan issued an order on Monday that tightens the schedule for the Trump administration's proposed memorial arch in Washington, D.C. The judge set strict deadlines for government agencies to report their decisions to the court before any physical work can begin on the structure.
The order requires the National Capital Planning Commission, the National Park Service, and the Department of the Interior to notify Chutkan of any decisions within one hour. The government previously told the court on Oct. 28 that it planned to seek approval from the Planning Commission on Nov. 5. Their filing stated that construction could start as soon as that approval was granted, the Interior Department issued a final authorization, and public notice was published.
Chutkan added that defendants must also provide notice within thirty minutes of any activity related to or in preparation for the arch on Memorial Circle. She warned that any construction or demolition before the National Park Service issues final agency action, or without fourteen days' notice, would violate previous court orders. The judge consolidated two separate lawsuits into one case and set up a joint briefing schedule.
The legal battle involves a group of three Vietnam veterans and an architectural historian who filed the original suit. The District of Columbia and the state of Virginia joined the effort by filing their own lawsuit opposing the construction and seeking a temporary restraining order. Chutkan indicated that her decision on a preliminary injunction will likely depend on the outcome of the Planning Commission meeting.
The administration submitted a 106-page plan for the arch on Friday. The design calls for a structure more than 12 stories high, featuring a large bronze statue of Lady Liberty with wings and an eternal flame torch. The building would include an observation deck, an occupied roof, and two mezzanines. Interior spaces would house offices, program rooms, a staff lounge, circular staircases, elevators, and a fire command center. The proposal also includes changes to local traffic and a national security function.
During a hearing on Oct. 30, Chutkan questioned the urgency of the project. She asked how the government would be harmed if she issued a preliminary injunction, noting the executive's desire to bedazzle the city. Government lawyer Robert Stander replied that the arch is a high priority and that a court order would impede the work of the government.
The arch is part of a series of changes Trump has undertaken in the capital, including the renovation of a public golf course and plans to potentially demolish the John F. Kennedy Center for the Performing Arts. Charles A. Birnbaum, the founding president and CEO of the Cultural Landscape Foundation, said the judge's order shows that the administration cannot ignore the judiciary as it has ignored the public.
