Judge orders 48-hour notice for work at proposed Arlington triumphal arch site

Arlington, United States. A federal judge on Friday ordered the Trump administration to provide at least 48 hours’ notice before carrying out any activity at the site of a proposed 250-foot triumphal arch near Arlington National Cemetery, except work to identify underground cultural artifacts.

Court order

US District Judge Tanya Chutkan issued the ruling a day after the US Interior Department said it planned to move forward soon with work at the site despite legal challenges and the absence of final approval from a government planning authority.

Chutkan ruled that the administration must notify the court at least 48 hours before “engaging in any activity” at the site, except efforts to gather information on archaeological resources beneath subsurface fill materials as required under the National Historic Preservation Act.

Legal challenge

Lawyers representing three military veterans and an architectural historian filed for a temporary restraining order on Friday, arguing that the administration has “no legal basis for the construction work”.

They said the proposed arch violates federal law and requires approval from Congress.

The administration has argued that a 1925 law authorising a now-defunct commission to build Washington’s Arlington Memorial Bridge provides congressional approval for the project. The opponents dispute that interpretation.

Planned excavation

Interior Secretary Doug Burgum said in a post on X on Thursday that work would begin after “a very long wait”.

However, the government said in a court filing on Friday that the planned excavation was “not construction, or demolition in preparation for construction, of an arch”.

The government said it plans to dig four test pits beginning on or after September 21 to determine whether artifacts or cultural materials are present. It said the site would be restored by October 31.

Notice requirements

Chutkan had sharply questioned Trump’s authority to build the arch in April. The government subsequently agreed, under a consent order entered by the judge, to provide 14 days’ notice before beginning construction.

The Interior Department reiterated that notice plan on Friday.

Chutkan said that any construction or demolition in preparation for construction before the National Park Service issues final authorisation, or without 14 days’ notice, would violate both Friday’s order and the earlier consent order.