Judge Reinforces 48-Hour Notice Order on Trump Arch Site

A federal judge ordered the Trump administration to give 48 hours' notice before any work on a planned 250-foot arch near Arlington National Cemetery.

U.S. District Judge Tanya Chutkan ruled Friday, Sept. 4, that the Trump administration must give the court at least 48 hours' notice before "engaging in any activity" at Memorial Circle, the site of a planned 250-foot arch near Arlington National Cemetery, other than on-site information gathering to identify underground cultural artifacts. The ruling came a day after Interior Secretary Doug Burgum announced on X that excavation work for the "Great Triumphal Arch and Military Observation Deck" would begin over the coming two-week period.

Chutkan's ruling came just one day after Burgum publicly declared that work would start soon, despite the project's unresolved legal challenges and the absence of final approval from the National Capital Planning Commission. The administration instead points to a 1925 law authorizing the now-defunct commission that built the Arlington Memorial Bridge, an interpretation opponents dispute.

In a Friday court filing, the government argued the planned activity "is not construction, or demolition in preparation for construction, of an arch," describing it as standard archaeological survey work. According to USA Today, the administration intends to mechanically excavate four test pits no earlier than Sept. 21 and restore the land by Oct. 31. Chutkan had sharply questioned Trump's authority to build the arch in April, and the government agreed then to provide 14 days' notice before construction under a consent order, a plan the Interior Department reiterated Friday.

The arch, designed to evoke Paris' Arc de Triomphe, is part of Trump's broader effort to reshape the capital, alongside a new White House ballroom, renovation of the Lincoln Memorial Reflecting Pool, and redevelopment of a golf course in East Potomac Park. Supporters say it would honor the sacrifice of American veterans; opponents say it would destroy the cemetery's carefully designed historic sight line between the Lincoln Memorial and Arlington House. Opponents also cited the White House ballroom as a "cautionary tale," noting courts found it unlawful yet the Supreme Court let construction continue 5-4, with Chief Justice John Roberts dissenting that it is "likely unlawful."

Any construction or demolition in preparation for construction before the National Park Service issues final authorization — or without the required 14 days' notice — would violate Friday's order and Chutkan's earlier consent order. The National Capital Planning Commission must still decide whether to grant an exception to the 130-foot building height limit that applies to most of Washington, a decision that remains pending. The archaeological test pits, planned on or after Sept.