Judge Tanya Chutkan orders Trump administration to give 48-hour notice before work on 250ft Arlington arch.
A federal judge has ordered the Trump administration to notify the court at least 48 hours before carrying out any work at the site of a proposed 250-foot triumphal arch near Arlington National Cemetery.
The government subsequently told the court that the planned excavation was intended only to investigate the site and did not amount to construction or demolition in preparation for construction. The order allows the administration to carry out archaeological work required under the National Historic Preservation Act. The exception covers efforts to determine whether underground cultural or archaeological materials are present.
US District Judge Tanya Chutkan issued the order on Friday, a day after the Interior Department said it planned to begin work at the site despite an ongoing legal challenge and the monument still lacking final approval from a federal planning body. Interior Secretary Doug Burgum had announced on Thursday that work at the site would begin after what he described as a lengthy wait.
The government told the court it plans to excavate four test pits at the site from September 21 or later to check for artifacts and other cultural material. It said the area would be restored by October 31. Chutkan also reaffirmed an earlier agreement requiring the government to give 14 days’ notice before beginning construction.
Any construction or demolition intended to prepare for construction before the National Park Service grants final approval would breach the court’s orders, she said. The dispute centres on whether the Trump administration has the legal authority to build the proposed monument. A group of military veterans and an architectural historian opposing the project argued in court that construction requires congressional approval.