The Washington Sun

Main Navigation

Subscribe Log in
  • Newsletters
    • Sign up for our newsletters
    • The Washington Sun newsletter
    • Afternoon Sun
    • Metro
    • Sign up for Dana Milbank’s newsletter
    • Sign up for Matt K. Lewis’ newsletter
  • Weather
  • Campaigns
    • 2026 Election
    • 2028 Election
    • Democrats
    • Republicans
    • Influence
  • Congress
    • House
    • Senate
  • Metro
    • Latest in Metro
    • Tom Sietsema
  • Sports
    • Latest in Sports
    • All-DMV High School
  • Policy
    • Administration
    • Defense
    • Energy & Environment
    • Immigration
    • Economy
    • Health
    • Foreign Policy
    • Housing
    • Technology
  • National
    • Legal
    • U.S. News
  • Perspectives
    • Latest Perspectives
    • Dana Milbank
    • Matt K. Lewis
    • Features
    • Forums
  • Podcast
    • Washington Sun Cast • Episode List
    • Listen on Apple Podcasts
    • Listen on Spotify
    • Watch on Youtube
  • Who Are We?
    • About The Washington Sun
    • Events
    • Work for us
    • Press Releases
    • Support FAQ
  • Follow Us
    • X (Twitter)
    • Bluesky
    • LinkedIn
    • Instagram
    • TikTok
    • YouTube
Subscribe
Log in

Support independent journalism. Subscribe for $50 for your first year. Limited time.

Metro

Burgum’s Arch Excavation Announcement Stirs Additional Legal Tensions

The Trump administration and a group of veterans disagreed whether Interior Secretary Doug Burgum’s social media post violated a federal judge’s orders.

Eastern side of Memorial Bridge

Sam Corum/Sipa USA via AP

By Angie Orellana Hernandez

September 12, 2026 06:18 p.m.

  • Email
  • LinkedIn
  • Twitter
  • Copy
    Link copied

A group of veterans who legally challenged President Donald Trump’s proposed 250-foot arch pushed back against the administration’s request earlier this week to dissolve a court order that required 48 hours’ notice before engaging in any construction.

At the center of the legal battle’s newest phase is Interior Secretary Doug Burgum’s Sept. 3 statement that groundbreaking for the arch would begin within the next two weeks — a social media announcement that the plaintiffs say violated the federal judge’s prior order for two weeks’ advance notice and created “consequences” for the government, a Friday court filing says.

The plaintiffs subsequently filed an emergency motion for a temporary restraining order to halt the work after Burgum shared his post on X. They argued that Burgum’s announcement ran afoul a previous court order from U.S. District Judge Tanya S. Chutkan that required the National Park Service to give at least 14 days’ notice prior to “commencement of construction, or demolition in preparation for construction” while litigation was pending.

Chutkan’s 48 hours’ notice — signed Sept. 4, a day after Burgum’s announcement — applied to activity such as excavation and construction, but exempted on-site information gathering to ensure compliance with the National Historic Preservation Act.

Trending

  • Northampton, Mass. mainstreet

    In a Western Massachusetts Town, Everyone Is Someone Else’s Fascist

  • Kentucky Gov. Andy Beshear

    Andy Beshear’s Radical Proposition for America: We Could Have a Nice President.

  • Election 2026 Trump Commission

    Dana Milbank: 54 Ways Trump Has Tried to Sabotage the Election

  • Defense Secretary Pete Hegseth, Commerce Secretary Howard Lutnick and Energy Secretary Chris Wright

    Trump Aides Are Leaning on U.S. Firms to Accept Russian Diesel

At the time, it was unclear whether the secretary’s social media post had constituted two weeks’ notice based on the first court order.

Sign up for The Washington Sun Metro newsletter for essential coverage of the D.C. region.

In its motion to dissolve the 48 hours’ notice on Thursday, the Trump administration called it an “unlawful and unwarranted” hold on “routine agency actions that cause no harm to Plaintiffs and in the meanwhile disturbs the Executive Branch’s prerogatives to maintain property under its jurisdiction and control.”

The government also argued in its filing that the plaintiffs “manufactured a false emergency based on a misconstrued social media post” in order to stop excavation. Burgum’s announcement, the administration said, “simply summarized” plans that had been disclosed on the NPS’ website that required excavation to comply with legal statutes prior to construction.

In their response Friday, the veterans countered that the government was seeking to “avoid the consequences of Secretary Burgum’s announcements” and the “transparency” required by the 48 hours’ notice.

The veterans said they were “reasonably concerned that NPS was planning imminently to begin construction of the arch” and that the Trump administration “quickly backtracked” on Burgum’s statements after the temporary restraining order was filed.

“The Court’s order reasonably avoids the need for future emergency motions by ensuring that Defendants provide timely and accurate information about their steps to implement a massive and irreversible construction project that Plaintiffs contend has no legal foundation and that is rapidly progressing in the face of an active legal challenge,” the veterans’ filing read.

The arch is one of the many construction projects spearheaded by Trump to rework D.C. landmarks to match his gilded aesthetics. Like other projects, such as the White House ballroom and the redesign of a golf course, the arch has faced criticism from local residents and lawmakers for its scale.

The veterans sued the Trump administration in February, stating that the arch requires congressional approval and would obstruct the view of Arlington National Cemetery.

Author

NOTUS - Angie Orellana Hernandez Headshot Angie Orellana Hernandez is a reporter at The Washington Sun.

The Latest

  • Trump arch protest

    D.C., Virginia Sue Trump Adminstration Over Proposed Triumphal Arch

  • hundred.dollar.bills.money

    A Super PAC Army Is Spending Millions on ‘Spoiler’ Candidates

  • AP26140062334043

    Josh Shapiro Already Sounds Like He’s Running for President

  • Brewers World Series

    A World Series That Reminded Us Just How Good Baseball Can Be

  • Austin Ekeler

    Austin Ekeler Has a Media Future Ahead of Him. But Football Is First.

Welcome back to The Washington Sun!

You can always update your profile and newsletters preferences on the My Account page.

Manage account settings

Welcome to
The Washington Sun

Subscribe to maintain unlimited access to independent journalism covering Washington's people, politics and power.

Continue to checkout ↗
  • About The Washington Sun
  • Work for us
  • Terms of Use
  • Subscription Agreement Terms and Conditions
  • Privacy Policy
  • Your CA Privacy Rights
  • Support FAQ
  • Contact us

© 2026.0 NOTUS MEDIA, LLC