New complaint alleges the project defies height limits and lacks congressional approval
Washington, D.C., and the commonwealth of Virginia filed a lawsuit Saturday seeking to block construction of President Donald Trump’s 250-foot “triumphal” arch near the entrance of Arlington National Cemetery. The suit, filed against the National Park Service and the Department of the Interior, argues the project is “flagrantly unlawful” and will change the landscape of the District of Columbia forever, The Washington Post reported.
Trump has said the arch will celebrate the country’s 250th birthday and serve as a munitions depository. Excavation work at the site began in early September.
The two jurisdictions argue the arch would damage the region’s security and emergency preparedness, disrupt traffic and degrade the environment. They also argue it would violate the Height of Buildings Act of 1910, which caps building heights in the capital at 130 feet. At 250 feet, the arch would stand nearly double that limit.
The plaintiffs further argue that Congress has not authorized the project and that the National Park Service did not follow laws requiring “appropriate consultation before undertaking a project that would transform the District’s physical landscape and upend its historic plan.”
“In their rush to break ground on the Arch, Defendants have made only half-hearted gestures at complying with these requirements,” the lawsuit said. “Perhaps recognizing that the project is legally indefensible, Defendants have made clear that they will attempt to outrun judicial review.”
The complaint also anticipates the government’s expected response to any attempt to stop the work. “It is entirely foreseeable that, once construction begins, Defendants will argue — as they have done in other cases — that an order halting construction would irreparably harm the federal government, pose security risks and impermissibly alter the status quo they have unilaterally created,” the lawsuit said.
The plaintiffs said they have “indisputable standing” in the case.
D.C. Attorney General Brian Schwalb, a Democrat, said the arch would cause “serious, immediate and irreparable harm to the District and its residents.”
Virginia Attorney General Jay Jones, also a Democrat, said “Trump’s illegal vanity project” would disrespect Arlington National Cemetery 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 in a statement to The Washington Post. “We will vigorously litigate to protect its sanctity and honor the legacy of those who made the ultimate sacrifice.”
The filing is the latest of several legal challenges to the project. Two Vietnam War veterans and a historian have sued to stop it, and Arlington County, Virginia, has filed its own case. A judge heard the veterans’ case Friday and seemed skeptical of the federal government’s arguments.
Standing may be an issue in the veterans’ case. U.S. District Judge Tanya Chutkan acknowledged Friday that the veterans’ standing is murky and said she would consider the question over the weekend.