Virginia and the District of Columbia filed a lawsuit in federal court Saturday in a last-ditch effort to stop the construction of the triumphal arch planned for Memorial Circle in Washington.
The Trump administration has said it plans to begin construction of the arch next week, on Nov. 5.
“The construction of the Arch will inflict immediate and irreparable harm on the District and Virginia,” Virginia Attorney General Jay Jones and D.C. Attorney General Brian Schwalb wrote in the lawsuit. “The Arch is slated to be built on a busy traffic circle that abuts the border between the jurisdictions, at the center of a historic viewshed, in a river whose environment the District has a statutory responsibility to protect.”
“Both the construction of the Arch and the completed monument will disrupt the operations of both jurisdictions, impair their ability to carry out their responsibilities under federal and local law, and require the expenditure of substantial resources to mitigate and address those impacts,” they added.
The attorneys general wrote that their request to block construction is urgent.
“It is entirely foreseeable that, once construction begins, Defendants will argue, as they have done in other cases, that an order halting construction would irreparably harm the federal government, pose security risks, and impermissibly alter the status quo they have unilaterally created,” they said. “The Court should not allow this cynical gambit to succeed.”
Jones and Schwalb added that they believe the administration is violating the Commemorative Works Act by bypassing specific congressional authorization and violating the Height of Buildings Act by constructing an arch that’s set to exceed 130 feet in height. They also alleged violations of the National Environmental Policy Act and the National Historic Preservation Act.
Jones, in a statement Saturday, said, “Virginia takes immense pride in being home to Arlington National Cemetery, the final resting place of generations of American heroes who gave their lives defending our nation. President Trump’s illegal vanity project is an affront to this hallowed ground and the extraordinary sacrifices it represents. The Commonwealth has a solemn duty and a profound interest in preserving the dignity of this sacred place. We will vigorously litigate to protect its sanctity and honor the legacy of those who made the ultimate sacrifice.”
Schwalb said, “Construction of the Arch is flagrantly illegal and will cause serious, immediate, and irreparable harm to the District and its residents. We’re filing this lawsuit now to protect DC’s unique interests and critical role in preserving the safeguards that keep our nation’s capital beautiful and safe,” in a separate statement.
Earlier this year, the National Capital Planning Commission, led by Trump appointees, approved initial plans for construction of the arch, one of President Donald Trump’s efforts to remake Washington in his own image during this term.
The commission is set to vote on final plans for the arch on Nov. 5.
In a statement, White House spokesperson David Ingle told NBC News on Saturday, “The Triumphal Arch in Memorial Circle is going to be one of the most iconic landmarks not only in Washington, D.C., but throughout the world. It will serve as a gateway to Arlington National Cemetery for veterans, the families of the fallen, and all Americans alike, serving as a visual reminder of the noble sacrifices borne by so many American heroes throughout our 250 year history so we can enjoy our freedoms today. President Trump will continue to honor our veterans and give the greatest Nation on earth — America — the glory it deserves.”
Ingle did not address a direct question from NBC News about the lawsuit filed Saturday.
Renderings obtained by NBC News in April show that the arch is slated to feature winged eagles, Lady Liberty and a line from the Pledge of Allegiance.
In September, the president said on Truth Social that the arch would also serve a national security function because it will be outfitted to “house, store, and have the rapid ability to use large numbers of drones, plus Snipers, on both the roof and plaza areas, and additionally have and hold large quantities of sniper ammunition in storage.”
But final plans and renderings submitted to the NCPC do not include the military upgrades the president wrote about.
Trump has used national security as an argument in favor of other construction projects that have faced legal battles, like the new ballroom he is building at the White House. In addition to functioning as a gathering space for large events at the White House, the president has said, the addition will also house a military complex to be built underneath the ballroom.
“When completed in the Summer of 2028, the magnificent Ballroom and Military Complex will be something that the entire Country is very proud of,” the president wrote in an August Truth Social post after the Supreme Court allowed construction of the ballroom to continue, rebuffing a legal challenge from the National Trust for Historic Preservation.
The president has also drawn the ire of locals with a proposed plan to renovate the East Potomac Golf Links course in Washington, despite legal hurdles with that project.
In a post on Truth Social Thursday, Trump said why he favored renovating the golf course.
“East Potomac Golf Course is highly dangerous, dilapidated, and absolutely disgusting. Below are new photos of the deplorable conditions of the driving range building, including excrement in the stairwell. The gaping holes in the driving range’s ‘protective’ netting are highly hazardous. Golf balls soar through the holes at high speed and hit unexpecting Golfers — including a White House staffer who was, sadly, hit violently in the chest,” the president wrote.
He has promised to turn the course into “a World Class Championship Golf Course.”
