The tentative agenda NCPC just released indicates the vote on the Arch has been postponed. It will not be on the September 3 meeting agenda. More to come.
Separately, the Department of Justice filed a petition with the Supreme Court seeking to allow construction of the ballroom to continue. More to come there as well.
In a 2–1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld the order stopping above-ground ballroom construction — and the reasoning strikes directly at the proposed 250-foot arch at Memorial Circle.
The court's central holding rests on a law passed in 1912 and still on the books: no building or structure may be erected on federal parkland in Washington, D.C. without the express approval of Congress. The administration argued that this law doesn't apply to the President. The court rejected that flatly: the law means what it says, no matter who is building.
Here is why that matters to us. The Arch would stand on exactly the kind of land the law covers — federal parkland in the District, managed by the National Park Service — and Congress has never authorized it. Not in any bill, ever. So as of today, under the controlling court decision, the Arch cannot legally be built. A group of Vietnam veterans has already filed suit making precisely this argument.
But this is not over, and no one should relax. The Arch can still happen four ways:
The National Capital Planning Commission was set to vote on final approval of the Arch on September 3. Its tentative agenda, released August 14, drops the Arch from that meeting. No new date has been announced. The ruling above means any such vote would approve a project no current law permits — so public comments are more important, not less. I will keep you posted as to when they are to be filed.
DC is a city of beauty and order. I'd like to help it survive.
We filed formal comments opposing the arch with both the National Capital Planning Commission and the National Park Service.
Read the comments we filed →Get updates when new developments are added to any project. No spam — just the watchdog stuff.