Virginia and D.C. sue to stop Trump arch construction

Virginia Attorney General Jay Jones and Washington, D.C., Attorney General Brian L. Schwalb filed a lawsuit against the National Park Service and the Interior Department on Saturday. The legal action seeks to halt construction on the 250-foot triumphal arch proposed by President Donald Trump. The administration has stated that work could begin as early as next week.

This new filing joins two other lawsuits currently challenging the arch project. The new complaint describes the construction as flagrantly unlawful. It cites the Commemorative Works Act, which mandates Congressional authorization for memorials on federal land in Washington. The suit also alleges violations of the Administrative Procedure Act, the National Environmental Policy Act, and the National Historic Preservation Act.

The attorneys argue that the government failed to adequately assess the project’s effects or consult required parties. The lawsuit claims the defendants made only half-hearted gestures to comply with these legal requirements. Jones said in a statement that the Commonwealth has a solemn duty to preserve the dignity of the site. He added that the state will vigorously litigate to protect the legacy of those who made the ultimate sacrifice.

The administration previously argued that Congress authorized the site in 1925 when it approved plans for the Arlington Memorial Bridge. Those original plans included two monumental columns that were never built. In the separate Lemmon v. Trump case filed in February, three Vietnam War veterans and an architectural historian contend the arch would block historical views between the Lincoln Memorial and Arlington National Cemetery.

Arlington County Board filed its own suit on October 8. That action argues construction would disrupt roads used by emergency services and detrimentally affect the cemetery. In response, Trump announced last month that he agreed to incorporate a military complex into the arch at the Defense Department’s request. This addition includes facilities for drones and snipers.

Defense Secretary Pete Hegseth and Homeland Security Secretary Markwayne Mullin reiterated the national security claim in sworn declarations filed on October 28. Hegseth wrote that the arch is a generational national defense opportunity. The National Capital Planning Commission is scheduled to consider final approval of the site and building plans on November 5. The administration told the court that it could complete necessary authorizations and publish required notices on that same day.

U.S. District Judge Tanya Chutkan expressed skepticism about the timeline during a hearing on Friday. She asked what harm would come to the government by waiting three or four months. Chutkan said she would consider the plaintiffs' standing over the weekend and rule expeditiously. The Justice Department told the court on Friday that construction could begin immediately once the administrative steps were complete.