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Virginia and D.C. file Trump arch lawsuit to halt construction

Virginia and D.C. seek emergency court action against a proposed 250-foot arch near Arlington National Cemetery as construction could begin next week.

Deshawn Carter

By Deshawn Carter · Sports Writer

3 min read

Virginia and D.C. file Trump arch lawsuit to halt construction
Photo: NBC News

Virginia and the District of Columbia filed a federal lawsuit Saturday seeking to stop work on President Donald Trump’s proposed triumphal arch at Memorial Circle, near Arlington National Cemetery, the Lincoln Memorial and Arlington Memorial Bridge.

The Trump arch lawsuit, brought by Virginia Attorney General Jay Jones and D.C. Attorney General Brian Schwalb in the U.S. District Court for the District of Columbia, asks the court for injunctions and a temporary restraining order blocking site preparation or construction.

Multiple outlets reported that the administration has said work could start as soon as the following week, subject to review by the National Capital Planning Commission and other approvals. The proposal calls for a 250-foot arch.

What are Virginia and D.C. asking the court to do?

The two jurisdictions want the court to halt the project before construction begins. Their 45-page complaint calls the proposal unlawful and says breaking ground would cause immediate, irreparable harm, according to NPR and NBC News.

Virginia and D.C. allege the project would disrupt traffic between the jurisdictions, complicate emergency services and force costly responses by local governments. They also cite concerns about pollution and stormwater runoff into the Potomac River, historic views and nearby landmarks.

Those are allegations in the lawsuit, not court findings. Jones and Schwalb also contend that the project violates the Commemorative Works Act, the Height of Buildings Act, the National Environmental Policy Act and the National Historic Preservation Act. They argue that Congress has not authorized the arch and that required consultation did not occur.

The Height of Buildings Act claim centers on a 130-foot limit cited by the jurisdictions. Other reporting has described the proposed structure as 250 feet tall.

Judge sets an immediate next step

U.S. District Judge Tanya Chutkan ordered the sides to confer and agree on a proposed briefing schedule for the temporary-restraining-order request by Saturday evening, NPR reported. The order did not decide whether construction can proceed.

The case arrives alongside separate litigation brought by three Vietnam War veterans and an architectural historian. Chutkan had already considered temporary relief in that challenge, according to The Washington Post and The Guardian.

The Trump administration has defended the plan. A White House spokesman told The Washington Post that the arch would become an iconic landmark, while Axios reported that officials have also described tourism and national-security purposes for it. NPR reported that the most recent plans headed for commission review did not include military elements, despite Trump previously discussing such a role.

The administration’s view and the jurisdictions’ objections now face a fast-moving court fight, with no final ruling reported as of Saturday.

This story draws on original reporting from NBC News.