WASHINGTON (LN) — Four veterans and a historic preservation advocate sued President Donald J. Trump on Wednesday, seeking to block construction of a planned 250-foot Independence Arch on Memorial Circle, alleging the administration is violating federal law by proceeding without congressional authorization and bypassing statutorily required review processes.
The complaint, filed in the U.S. District Court for the District of Columbia, names Trump, Domestic Policy Council Director Vince Haley, the Executive Office of the President, and the National Park Service as defendants. The plaintiffs are Army veteran Michael Lemmon of Washington, D.C.; Navy veteran Shaun Byrnes of Falls Church, Virginia; Army veteran Jon Gundersen of South Carolina; and Calder Loth, a retired senior architectural historian for the Virginia Department of Historic Resources.
The administration announced plans for the arch in October 2025, with construction targeted for completion by July 4, 2026, to coincide with the 250th anniversary of the United States. According to the complaint, the arch would be situated on Memorial Circle in Lady Bird Johnson Park, directly on the axis between the Lincoln Memorial and Arlington National Cemetery, obstructing views that have existed for nearly a century.
Plaintiffs allege the Commemorative Works Act of 1986 requires congressional approval before any commemorative work can be constructed in the District of Columbia, and that no such authorization has been obtained. The complaint further alleges violations of the National Historic Preservation Act, the National Environmental Policy Act, and 40 U.S.C. § 8106, which prohibits construction of any structure on federal land in the District without express congressional authority.
The complaint raises two causes of action: a non-statutory ultra vires claim against all defendants, and a separation-of-powers claim alleging the President’s directive to construct the arch violates the Take Care Clause by directing federal agencies to act in derogation of federal statutes.
Plaintiffs seek declaratory and injunctive relief barring construction until congressional authorization is obtained and all statutory procedural requirements are satisfied.