Judge Chutkan orders 48-hour notice for Arlington arch site work

A federal judge has ordered the Trump administration to notify the court at least 48 hours before carrying out any work at the site of a proposed 250-foot triumphal arch near Arlington National Cemetery. US District Judge Tanya Chutkan issued the order on Friday, a day after the Interior Department said it planned to begin work at the site despite an ongoing legal challenge and the monument still lacking final approval from a federal planning body.

The order allows the administration to carry out archaeological work required under the National Historic Preservation Act. The exception covers efforts to determine whether underground cultural or archaeological materials are present. The government told the court it plans to excavate four test pits at the site from September 21 or later to check for artifacts and other cultural material. It said the area would be restored by October 31.

Chutkan also reaffirmed an earlier agreement requiring the government to give 14 days’ notice before beginning construction. Any construction or demolition intended to prepare for construction before the National Park Service grants final approval would breach the court’s orders, she said.

The dispute centres on whether the Trump administration has the legal authority to build the proposed monument. A group of military veterans and an architectural historian opposing the project argued in court that construction requires congressional approval. The administration has maintained that Congress effectively authorised the project through a 1925 law concerning Arlington Memorial Bridge. Opponents dispute that interpretation.

Interior Secretary Doug Burgum had announced on Thursday that work at the site would begin after what he described as a lengthy wait. The government subsequently told the court that the planned excavation was intended only to investigate the site and did not amount to construction or demolition in preparation for construction.

Chutkan questioned the administration’s authority to proceed with the project during a hearing in April. The government then agreed to provide advance notice before construction as part of a consent order. The proposed arch, designed to resemble Paris’ Arc de Triomphe, would stand near Arlington National Cemetery and rise 250 feet. Supporters say it would serve as a monument to American veterans. Opponents argue that the structure would damage the historic view between the Lincoln Memorial and Arlington House across the Potomac River. The project also requires a decision from the National Capital Planning Commission, which is considering whether to allow the structure to exceed Washington’s usual 130-foot height limit.