'Needs to step in': Trump's 250-foot arch faces a crucial test before work begins

Judge Tanya Chutkan imposed a new notice requirement as President Trump's planned 250-foot arch nears excavation
President Donald Trump's proposed 250-foot Washington arch is planned for Memorial Circle near Arlington National Cemetery (AP Photo, Getty Images)
President Donald Trump's proposed 250-foot Washington arch is planned for Memorial Circle near Arlington National Cemetery (AP Photo, Getty Images)

WASHINGTON, DC: A federal judge ordered the Trump administration to give 48 hours’ notice before construction activity begins on Trump’s proposed 250-foot Washington arch.

The order adds a court notification requirement as litigation continues over a project critics say would disrupt historic sightlines around Washington’s monuments.

District Judge Tanya S Chutkan signed the order Friday evening, one day after Interior Secretary Doug Burgum announced excavation would soon begin, NOTUS reported Saturday, September 5.

WASHINGTON, DC - JUNE 22: A scale replica of President Donald Trump's 250-foot-tall
A scale replica of President Donald Trump's 250-foot-tall Triumphal Arch stands in the middle of the National Mall along 7th Street Northwest on June 22, 2026, in Washington, DC (Chip Somodevilla/Getty Images)

Judge tightens notice before arch construction

Chutkan’s order applies to activities including excavation and construction on Memorial Circle, where the proposed arch would be built, according to NOTUS.

The order exempts on-site information gathering intended to ensure compliance with the National Historic Preservation Act.

Chutkan had previously required the National Park Service to give the court at least 14 days’ notice before the “commencement of construction, or demolition in preparation for construction.”

Burgum announced on Thursday that excavation work would begin over the next two weeks.

His post came a day before Chutkan issued the latest order, creating uncertainty over whether the announcement fulfilled the court’s notice requirement, the report stated.

WASHINGTON, DC - OCTOBER 15: A model of President Donald Trump's proposed triumphal arch to commemorate the country’s 250th anniversary is seen on the Resolute Desk as President Trump holds a press conference with FBI Director Kash Patel and Attorney General Pam Bondi in the Oval Office of the White House on October 15, 2025 in Washington, DC. Trump and Federal Bureau of Investigation Director Kash Patel provided an update on the Trump administration’s progress in reducing violent crime. (Photo by Kevin Dietsch/Getty Images)
A model of President Donald Trump's proposed triumphal arch (Kevin Dietsch/Getty Images)

Chutkan’s Friday order also reminded the federal government that construction or demolition cannot begin before the National Park Service issues a final authorization or the government provides the required 14 days’ notice, it stated.

The arch is planned for Memorial Circle near Arlington National Cemetery. The proposed structure would stand 250 feet tall and include gilded details, according to renderings posted by Burgum.

Lawsuit challenges the proposed monument

The court order comes as a lawsuit filed by three veterans and an architectural historian challenges the project.

Nicolas Sansone, an attorney with Public Citizen Litigation Group representing the plaintiffs, said, “Congressional authorization is necessary and lacking for this project.”

Sansone also argued that work should not move forward while the case is pending.

“We believe that construction cannot and should not proceed apace, and we are prepared to inform the court that it needs to, at this juncture, needs to step in,” he said.

President Donald Trump appears on stage at Wheeler High School, Wednesday, July 22, 2026, in Marietta, Ga. (AP Photo/Julia Demaree Nikhinson)
President Donald Trump appears on stage at Wheeler High School, Wednesday, July 22, 2026, in Marietta, Ga (AP Photo/Julia Demaree Nikhinson)

The plaintiffs’ case remains active in the US District Court for the District of Columbia. 

The Justice Department filed a new document Thursday arguing that the lawsuit should be thrown out.

A National Park Service report released Friday backed the project but said it would have adverse effects on sightlines connecting numerous historic landmarks and sites.

Doug Burgum defends the arch as historic

Burgum has defended the project by arguing that monuments of this kind exist in cities around the world.

“This will be one of the Great Pieces of American Architecture, honoring the history and significance of Arlington Cemetery and befitting the most powerful Capital in the World,” Burgum wrote on X Thursday.

In additional posts, Burgum argued that the idea for a monument at the site had existed for more than a century, citing historical reports of congressional attempts and discussions about one.



“Despite Congress’s intent, the site became and remains today a barren traffic circle lacking any monumental treatment and significant historic value,” he wrote.

Burgum also said more than 70 cities worldwide have “beautiful arches” and declared that the United States would have the “most spectacular and beautiful arch of them all.”

WASHINGTON, DC - JANUARY 09: U.S. Interior Secretary Doug Burgum looks on during a meeting with oil and gas executives in the East Room of the White House on January 9, 2026 in Washington, DC. Trump is holding the meeting to discuss plans for investment in Venezuela after ousting its leader Nicolás Maduro. (Photo by Alex Wong/Getty Images)
Interior Secretary Doug Burgum in the East Room of the White House on January 9, 2026, in Washington, DC (Alex Wong/Getty Images)

The renderings show a white arch with gold detailing and the words “ONE NATION UNDER GOD.” 

A winged, Lady Liberty-like figure holding a torch sits atop the structure, alongside gold eagles with their wings spread outward.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Pennsylvania health officials said two unvaccinated people died in the measles outbreak, which infected 577 and hospitalized 98
10 minutes ago
The Pentagon fired Max Lederer, Erik Slavin and Lara Korte over an unauthorized interview where they called editorial interference a 'red line'
1 hour ago
Former staffers of Pennsylvania Sen John Fetterman wrote that they plan to go public with the details, citing disgust with his work as a legislator
2 hours ago
The ruling kept the Trump administration's nationwide voter-verification effort paused as the legal challenge continued
2 hours ago
Trump's college sports push came a day after he called the Iran fight a 'military conflict' and defended the intermittent strikes
3 hours ago
Trump plans to campaign in 35 races and spend up to $500 million, leaving Republicans weighing his help against risks in close contests
4 hours ago
US Trade Representative Jamieson Greer said talks unraveled after Canadian officials returned to Ottawa seeking additional concessions on key exports
11 hours ago
Scott Bessent said schools could not avoid the restrictions by describing race-based preferences as efforts to promote equity or inclusion
11 hours ago
Reportedly, investigators used polygraph tests to identify the official suspected of leaking sensitive information on dwindling US weapons supplies
12 hours ago
A top advisor to Pete Hegseth described the document shared on the website on Wednesday as a 'draft' that had been 'inadvertently' posted
12 hours ago