Judge Pauses Trump's 250-Foot Arch Hours After Planning Panel Approves It
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A federal judge on Thursday night temporarily blocked construction of President Donald Trump's planned triumphal arch near Arlington National Cemetery, shortly after a federal planning panel voted 8-4 to approve it. U.S. District Judge Tanya Chutkan barred any "construction-related activity" for 14 days while the court case continues, CBS News reported.
The ruling leaves the timing of the project unclear. The Justice Department had said in a court filing last month that work could begin as soon as Thursday, according to CBS News.
What the commission and administration say
The National Capital Planning Commission approved the final site and building plans after almost nine hours of public comment, according to both CBS News and the BBC. The arch is meant to mark 250 years of American independence and would stand in Memorial Circle, between the Lincoln Memorial and Arlington National Cemetery.
Mark Paoletta recommended approval and praised the president's vision. CBS News identifies him as the commission's executive director and the top lawyer at the Office of Management and Budget, while the BBC calls him its chairman. He said the arch would be the "grandest arch ever built by mankind," according to CBS News.
The BBC reported that Paoletta and other commissioners said the structure fulfills a century-old plan for a monumental work on Columbia Island. He also said it would give Arlington a fitting gateway and honor veterans.
What opponents and the plaintiffs say
Vietnam War veterans, the Commonwealth of Virginia and the District of Columbia have sued. They argue the administration is acting without congressional authorization and has not followed required procedures, according to CBS News. The BBC reported that the suits also raise concerns about the environment, traffic and safety.
Rep. Jared Huffman of California, the top Democrat on the House Natural Resources Committee, told the commission the project is illegal and that Congress is the proper place to debate it. "This arch would dishonor America, our ideals, and our laws," he said. According to the BBC, he also said it would disrupt views of both Arlington and the Lincoln Memorial.
Veterans who spoke out also objected. Marine veteran Jimi Shaughnessy said a monument surrounded by tourists, food trucks and buses would be insulting to the fallen and their families, CBS News reported. Two veterans told the BBC they would try to impede construction crews if work begins.
The commission received more than 1,300 public comments, most of them opposed, it said.
What the judge's order does
In a 33-page ruling, Chutkan wrote that the plaintiffs are likely to succeed in showing the government skipped required legal steps, according to CBS News. She also said Virginia and D.C. likely have standing to sue, citing "tangible economic harms" from traffic problems at the site.
The order covers construction, excavation, demolition, land disturbance, utility installation and roadway closures. A day earlier, the administration told the court that a construction company "may be" arranging off-site preparations, CBS News reported.
The Justice Department called the plaintiffs' motions "breathless" and urged Chutkan to follow a Supreme Court decision in a case over the White House ballroom. Lawyers for the plaintiffs said their arguments differ from that case, according to CBS News.
What's at stake for the public
The arch would be 166 feet tall. Three gilded figures on top would bring it to 250 feet, according to documents filed with the commission. The Federal Aviation Administration found it poses no hazard to air navigation, given its proximity to Ronald Reagan Washington National Airport, CBS News reported.
The administration estimated the arch could draw between 2,000 and 22,400 visitors a day, and it would include an observation deck. Construction is expected to take three years. The traffic effects at the site are central to the states' claim of harm.
Several questions remain open. It is unclear how much the project will cost or who will pay. Trump said in September the arch would serve as a military complex housing drones and sniper ammunition, but the commission's documents do not mention military use. Justice Department lawyers declined to give details at an October hearing, according to CBS News.
What happens next
The restraining order lasts 14 days while further proceedings play out. Chutkan has said the most important question for her is whether the veterans have the legal right to sue, CBS News reported. The BBC noted that a number of lawsuits are seeking to stop the project, so the start date remains uncertain.
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