Judge sets one-hour deadline for Trump arch approvals

A federal judge imposed tight notification deadlines on Monday that complicate the timeline for building President Donald Trump’s proposed memorial arch in Washington.

U.S. District Judge Tanya Chutkan ordered that the court be informed within one hour of any decision by the National Capital Planning Commission. The same one-hour limit applies to decisions by the National Park Service and the Department of the Interior.

These agencies are part of a process the administration outlined in a court notice filed on Oct. 28. The government stated that construction could begin once the Planning Commission approves the project on Nov. 5, the Interior Department issues a final decision, and the proper notification is published. The notice indicated that the National Park Service could publish the notice as early as Nov. 5, allowing construction to start on that same date.

Chutkan, who was nominated by President Barack Obama, also required defendants to provide notice within 30 minutes of any activity related to the arch. She reminded parties that any construction or demolition before the National Park Service issues final agency action, or without 14 days’ notice, would violate previous court orders.

This order follows a surge of court activity over the weekend. Chutkan was already considering a preliminary injunction in a lawsuit filed by three Vietnam veterans and an architectural historian. Separately, the District of Columbia and Virginia filed a lawsuit opposing the construction and seeking a temporary restraining order. The judge consolidated the cases and set a joint briefing schedule, indicating her decision will likely hinge on the upcoming Planning Commission meeting.

On Friday, the government submitted a 106-page plan for the arch. The design envisions a structure more than 12 stories high. It includes a large bronze statue of a winged Lady Liberty carrying a torch with an eternal flame. The structure features an observation deck with views to the east and west, an occupied roof, and two mezzanines.

Inside the arch, the plan calls for program space, offices, a staff lounge, circular staircases, multiple elevators, and a fire command center. The project proposes major traffic changes in the area, including rerouting traffic on nearby roads. Administration officials stated the arch will also serve a national security function.

During a hearing on Oct. 30, Chutkan questioned the urgency of the project. She asked how the government would be harmed if she issued a preliminary injunction while the lawsuit proceeds, noting the executive’s desire to bedazzle the city. Administration lawyer Robert Stander replied that the arch is absolutely a high priority project and that a court injunction would impede government work.

The arch is one of several projects Trump has undertaken to remake Washington. These include renovating a historic public golf course and threatening to demolish the John F. Kennedy Center for the Performing Arts. Charles A. Birnbaum, founding president and CEO of the Cultural Landscape Foundation, said the order sends a clear message. He stated that the administration is learning they cannot ignore the judiciary in the way they have ignored the public.