Washington, D.
C., and Virginia have sued to stop President Donald Trumps planned 250-foot Triumphal Arch, calling the monument near Arlington National Cemetery a flagrantly unlawful project.
The lawsuit, filed Saturday in federal court in Washington by the attorneys general of D.C. and Virginia, names the National Park Service and the Interior Department as defendants. It asks a judge to declare the arch unlawful and to block any site preparation or construction.
The administration has indicated in court filings that construction could begin as soon as Nov. 5, when it expects the National Capital Planning Commission to approve the plans. The two Democratic-led jurisdictions accused the government of trying to outrun judicial review by racing to break ground.
This is not the first time that Defendants have rushed to dramatically remake the District too quickly for courts to intervene, the lawsuit states. It warns that once work begins, the government will likely argue that halting it would harm the federal government and pose security risks.
The suit argues that the arch was never authorized by Congress and that the Park Service skipped required consultations before launching a project that would transform the capitals historic landscape. It also claims the 250-foot structure would violate the Height of Buildings Act of 1910, which caps buildings in the District at 130 feet.
D.C. and Virginia also warn that the three-year construction period would inevitably snarl traffic between the two jurisdictions, pollute the Potomac with stormwater runoff and interfere with emergency services. D.C. Attorney General Brian Schwalb said the arch would cause serious, immediate and irreparable harm to the District and its residents.
Virginia Attorney General Jay Jones called the arch Trumps illegal vanity project and said it would disrespect Arlington National Cemetery. The Commonwealth has a solemn duty and a profound interest in preserving the dignity of this sacred place, Jones said.
President Trump has said the arch will celebrate the nations 250th birthday. The administration has argued it would be a major tourist attraction drawing up to 22,000 visitors a day, and Justice Department lawyers have also claimed it would serve national security purposes.
The new case adds to a pile of legal challenges against the project, including suits from Arlington County and a group of Vietnam War veterans. At a hearing on the veterans case Friday, U.S. District Judge Tanya Chutkan appeared skeptical of the governments arguments, asking, What is the rush?
Chutkan pressed Justice Department lawyers to explain how a monument expected to draw thousands of tourists daily would also house security functions. She said she would weigh whether the veterans have standing to sue, and signaled she may pause construction at least temporarily.
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