September 3, 2026 · Executive Power & Institutional Control
· Official action
Confirmed
Burgum Says Arch Excavation Starts Within Two Weeks, and a Judge Orders 48 Hours' Notice Before Any Further Work
Interior Secretary Doug Burgum announced on X on September 3 that the administration was preparing to begin excavation work for the Great Triumphal Arch and Military Observation Deck over the next two-week period. Opponents went to federal court the next day seeking an emergency injunction. In a Friday filing government lawyers said what is planned is archeological survey work to ensure compliance with statutes such as the National Historic Preservation Act, that it would begin no later than September 21, that the land would be restored by October 31, and that the activity is not construction or demolition in preparation for construction. Judge Tanya Chutkan then ordered the administration to give her 48 hours' notice before any other work on the project.
The sequence tests whether a project can advance while the reviews that are supposed to authorize it are still open.
The National Capital Planning Commission has given only preliminary approval and could not act again before October 1. The Section 106 historic review and an FAA airspace review are unfinished. Plaintiffs include veterans who say the arch would disrupt the sightline between the Lincoln Memorial and Arlington.
The sequence tests whether a project can advance while the reviews that are supposed to authorize it are still open.
The National Capital Planning Commission has given only preliminary approval and could not act again before October 1. The Section 106 historic review and an FAA airspace review are unfinished. Plaintiffs include veterans who say the arch would disrupt the sightline between the Lincoln Memorial and Arlington.
Legal outcome: Judge Tanya Chutkan ordered 48 hours' notice before work beyond the described grounds testing; a temporary restraining order request is pending