Washington, D.C., and Virginia sued the Trump administration on Saturday to block President Donald Trump’s proposed 250-foot triumphal arch near Arlington National Cemetery, escalating the legal battle days before construction could begin. The two jurisdictions called the project “flagrantly unlawful” and asked a federal court to halt construction and site preparation at Memorial Circle. The lawsuit alleges that the administration lacks required congressional authorization, that the structure would violate statutory height restrictions and that federal officials failed to fulfill environmental and historic-preservation requirements.
The complaint names the National Park Service, the Interior Department, Interior Secretary Doug Burgum and National Park Service official Jessica Bowron as defendants. Newsweek has reached out to the White House and D.C. Attorney General Brian Schwalb’s office for comment.
Virginia Attorney General Jay Jones told Newsweek on Saturday that Trump’s proposed arch was an “illegal vanity project” and “an affront to this hallowed ground and the extraordinary sacrifices it represents.” “The Commonwealth has a solemn duty and a profound interest in preserving the dignity of this sacred place,” Jones said. Their complaint cites the Commemorative Works Act, which requires specific congressional authorization for covered commemorative works, as well as a separate federal that says a building or structure cannot be erected on federal land in the District without express congressional authority. The jurisdictions also contend that the project violates the Height of Buildings Act.
The proposed arch would rise 250 feet, while the lawsuit says the law generally bars buildings exceeding 130 feet on a business street or avenue in D.C. The plaintiffs argue that the arch qualifies as a building and does not fall within the statute’s exceptions. The lawsuit brings eight counts, including alleged violations of the Administrative Procedure Act, National Environmental Policy Act and National Historic Preservation Act.
It asks the court to set aside federal approvals and preliminarily and permanently prohibit construction or site preparation. The lawsuit could add a significant new dimension to the legal battle because D.C. and Virginia contend that they would themselves suffer concrete harm from the arch. That issue comes amid a separate case brought by three Vietnam War veterans and a historic preservationist in which the Justice Department has argued that the plaintiffs cannot demonstrate sufficient harm to establish legal standing.
The new complaint says construction would disrupt traffic and emergency services, force the jurisdictions to devote government resources to responding to the project and harm environmental and historic interests. The National Park Service has said construction would take approximately two to three years and occur for 20 hours per day, according to material cited in the complaint. The project would close the south side of Memorial Circle, reduce westbound traffic from Memorial Bridge to two lanes and bring substantial construction traffic into the area.
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