DC, Virginia Sue to Block Trump's Proposed Triumphal Arch

Washington, D.C., and Virginia filed lawsuits Saturday to block the construction of President Donald Trump’s proposed 250-foot triumphal arch, adding to legal challenges aiming to stop the project before construction begins as early as next week. The lawsuits target the National Park Service and the Interior Department.

In their legal filing, the attorneys general for D.C. and Virginia called the project "flagrantly unlawful." They cited the Commemorative Works Act, which requires congressional authorization for memorials on federal land in Washington and its environs. The suits also allege violations of the Administrative Procedure Act, the National Environmental Policy Act, and the National Historic Preservation Act, arguing the administration failed to adequately assess the project’s effects and conduct required consultations.

"In their rush to break ground on the Arch, Defendants have made only half-hearted gestures at complying with these requirements," the lawsuit states. "Perhaps recognizing that the project is legally indefensible, Defendants have made clear that they will attempt to outrun judicial review."

The Commonwealth of Virginia "has a solemn duty and a profound interest in preserving the dignity of this sacred place," Virginia Attorney General Jay Jones said in a statement. "We will vigorously litigate to protect its sanctity and honor the legacy of those who made the ultimate sacrifice."

The Trump administration has countered that Congress implicitly authorized construction at the site in 1925, when it approved plans for Arlington Memorial Bridge that included two monumental columns that were never built. This argument was made in a June 17 filing for a separate suit, Lemmon v. Trump.

In the Lemmon case, three Vietnam War veterans and an architectural historian argue that the arch would obstruct historically significant views between the Lincoln Memorial and Arlington National Cemetery. Arlington County also filed its own suit on October 8, citing concerns about disruptions to emergency services and detrimental impacts on Arlington National Cemetery.

Responding to these lawsuits, President Trump announced last month that he had agreed to incorporate a military complex, including facilities for drones and snipers, into the planned arch at the Defense Department’s request. In sworn declarations filed October 28, Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin reiterated the claim that the arch is central to national security, with Hegseth stating it is a "generational national defense opportunity to mitigate these evolving threats."

The National Capital Planning Commission is scheduled to consider final approval of the arch’s site and building plans on November 5. The Interior Department must also issue its final authorization. The administration has informed the court that these steps could be completed on November 5, allowing construction to commence the same day.

U.S. District Judge Tanya Chutkan expressed skepticism about the administration's urgency during a hearing for Lemmon v. Trump, questioning "What’s the harm to the government to wait 3 or 4 months? What’s the rush to put this arch up?" She noted the complexity of the issue and stated she would rule expeditiously.

The arch project is one of several initiatives by the Trump administration to reshape Washington, including plans for a White House ballroom, an overhaul of the East Potomac golf course, and renovations to the Kennedy Center.

During the hearing, Deputy Assistant Attorney General Robert Stander cited a Supreme Court decision allowing ballroom construction to proceed during litigation, arguing "It’s the same thing." Judge Chutkan distinguished the cases, however, noting the ballroom case’s differences and pointing out that the national security justification for the arch is a new claim, as its initial purpose was linked to the country’s 250th anniversary.