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Judge sets one-hour deadline for Trump arch approval

Federal Judge Tanya Chutkan imposed strict notification rules on the National Capital Planning Commission to delay construction of the proposed memorial structure.

By Sergio Morris ·

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A federal judge imposed tight time limits on government agencies to slow the start of construction for a new memorial arch in Washington. U.S. District Judge Tanya Chutkan ordered that any decision by the National Capital Planning Commission, the National Park Service, or the Department of the Interior must be reported to her within one hour. The ruling creates a procedural hurdle before any physical work can begin on the site.

The administration notified the court on October 28 that it planned to seek approval for the project by November 5. The government’s filing stated that construction could commence as early as that date if the Planning Commission approved the plans and the Interior Department issued a final decision. The notice specified that the National Park Service could publish the required authorization notice by November 5, 2026.

Chutkan added that officials must notify her within thirty minutes of any activity related to or in preparation for building the arch on Memorial Circle. She warned that any construction or demolition before the National Park Service issues final agency action, or without fourteen days’ notice, would violate previous court orders. This order follows a consolidation of two lawsuits challenging the project.

The legal battle intensified over the weekend when the District of Columbia and Virginia filed a separate suit seeking a temporary restraining order. Chutkan merged this case with an earlier lawsuit brought by three Vietnam veterans and an architectural historian. The judge set a joint briefing schedule, suggesting her decision on a preliminary injunction will likely follow the Planning Commission’s upcoming meeting.

The government submitted a 106-page plan for the arch on Friday. The document describes a structure more than twelve stories high, featuring a bronze statue of a winged Lady Liberty holding a torch with an eternal flame. The design includes an observation deck, an occupied roof, two mezzanines, and internal spaces for offices, a staff lounge, and a fire command center. The plan also proposes traffic rerouting around the site.

During an October 30 hearing, Chutkan questioned the urgency of the project. She asked how the government would be harmed if she issued an injunction, noting the executive’s desire to bedazzle the city. Administration lawyer Robert Stander responded that the arch is a high priority project and that a court intervention would impede government work. Officials have stated the arch will also serve a national security function.

The project is part of a series of changes the president has pursued in Washington, including renovations to public golf courses and threats to demolish the John F. Kennedy Center for the Performing Arts. Charles A. Birnbaum, CEO of the Cultural Landscape Foundation, said the order shows the administration cannot ignore the judiciary. He noted that the ruling signals the government must respect the court's authority in these disputes.

Source: The Aegis

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