By David Shepardson
WASHINGTON, Sept 4 (Reuters) - A group of three military veterans and an architectural historian on Friday asked a U.S. judge to block the Trump administration from starting work on a triumphal arch in Washington.
The U.S. Interior Department on Thursday announced plans to move forward soon with work for the 250-foot (76-meter) arch near Arlington National Cemetery despite legal challenges and the lack of final approval from a government planning authority.
In a U.S. District Court
filing on Friday seeking a temporary restraining order, lawyers for the plaintiffs said the administration has "no legal basis for the construction work." They said the arch violates federal law and needs approval from Congress.
The administration has argued a 1925 law that authorized a now-defunct commission to build Washington's Arlington Memorial Bridge provides congressional approval for the arch, which the opponents dispute.
Despite Thursday's announcement on X by Interior Secretary Doug Burgum of work starting after "a very long wait," the government said in a court filing Friday the planned excavation work at the arch site was "not construction, or demolition in preparation for construction, of an arch."
The government added in its court filing that it plans to dig four "test pits" to assess if any artifacts or cultural materials are present, starting on or after September 21. It said it would restore the site by October 31.
The arch is part of Trump's broader effort to leave his architectural mark on America's capital city, with projects including a new White House ballroom, renovation of the Lincoln Memorial Reflecting Pool and redevelopment of a golf course in East Potomac Park.
With a design evoking Paris' Arc de Triomphe, the monument would rise near the Arlington National Cemetery, a military burial ground, which supporters say would honor the sacrifice of American veterans.
Opponents say the arch would destroy the cemetery's carefully designed historic sight line between Lincoln Memorial and Arlington House.
The project also has yet to receive final approval from the National Capital Planning Commission, which is considering whether to grant an exception to the 130-foot (40-meter) building height limit that applies to most of Washington.
U.S. District Judge Tanya Chutkan in April sharply questioned Trump's authority to build the arch. The government in April agreed to provide 14 days' notice before starting construction.
The Interior Department reiterated that notice plan on Friday.
In the Friday court filing, opponents of the project pointed to Trump's construction of a ballroom on the White House grounds as a "cautionary tale," saying the government proceeded with construction even though a District Court found it unlawful and the Circuit Court affirmed the ruling.
The U.S. Supreme Court last week in a 5-4 ruling let ballroom construction continue while Trump challenges a judicial order that would halt much of the development, with Chief Justice John Roberts in a dissent calling the project "likely unlawful."
(Reporting by David Shepardson, Editing by Franklin Paul and Cynthia Osterman)
