Courts · Friday, November 6, 2026
Judge bars arch work at Memorial Circle for 14 days
The File desk · Nov. 6, 2026, 6:32 a.m. ET
Confirmed3 primary sourcesAdded 6:32 a.m. ET, Nov. 6
Status
- ConfirmedThe order grants the restraining order, states the 14-day duration, defers thestay, denies an administrative stay, holds the Lemmon preliminary-injunction motion in abeyance, and sets a $1.00 bond.
Legal instrument
Section 705 of the Administrative Procedure Act
Section 705 lets a reviewing court pause an agency action, or preserve the status quo, while a lawsuit goes forward, and only as far as needed to prevent irreparable injury. Judge Chutkan's November 5, 2026 opinion says that kind of stay acts on the agency decision itself, and she deferred it because a 14-day order already bars construction.
- ConfirmedThe opinion says the Interior Department issued a final decision on November 5, 2026, approving construction. The Justice Department notice filed that day says the decision package is on the Park Service planning site and is attached.
Legal instrument
Federal Rule of Civil Procedure 65(c)
The November 5, 2026 order cites this rule for the security a party must post when it gets a restraining order. The court set that security at $1.00, due by November 13, 2026.
Legal instrument
Section 705 of the Administrative Procedure Act
Section 705 lets a reviewing court pause an agency action, or preserve the status quo, while a lawsuit goes forward, and only as far as needed to prevent irreparable injury. Judge Chutkan's November 5, 2026 opinion says that kind of stay acts on the agency decision itself, and she deferred it because a 14-day order already bars construction.
How we know
Notes
- 1.Order, Document 110, Lemmon v. Trump, No. 26-cv-544, and District of Columbia v. National Park Service, No. 26-cv-3838 (D.D.C.), filed 11/05/26, signed November 5, 2026, by Judge Tanya S. Chutkan. The District and Virginia motion for a temporary restraining order "is GRANTED." "for a period of fourteen (14) days starting from the issuance of this Order," defendants are enjoined from construction and related activity "at or near Memorial Circle in Washington, D.C., that is for the purpose of constructing an arch at Memorial Circle." Defendants shall serve the order "within 24 hours." A notice is due "by November 9, 2026," and a status report "by Monday, November 9, 2026." The plaintiffs "shall post a $1.00 bond in accordance with by November 13, 2026." The court "DEFERS ruling" on the motion for a stay of agency action, "DENIES the request for an administrative stay," and will "HOLD IN ABEYANCE" the Lemmon second motion for a preliminary injunction. Retrieved 6:18 a.m. ET. https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.110.0.pdf
Legal instrument
Federal Rule of Civil Procedure 65(c)
The November 5, 2026 order cites this rule for the security a party must post when it gets a restraining order. The court set that security at $1.00, due by November 13, 2026.
- 2.Memorandum Opinion, Document 111, 33 pages, dated November 5, 2026, Judge Tanya S. Chutkan. "the court will GRANT the District and Virginia's motion for a temporary restraining order, DEFER ruling on the motion for stay of agency action, and HOLD IN ABEYANCE the Lemmon motion for a preliminary injunction." "The Department of the Interior issued its final decision on November 5, 2026 approving construction of the arch." "A temporary restraining order, like a preliminary injunction, is an extraordinary remedy." The opinion says the same standards apply to both. "authorizes a reviewing court to issue all necessary and appropriate process to postpone the effective date of an agency action." "a stay suspending the agency action itself." "The temporary restraining order entered today bars Defendants from beginning construction or site preparation at Memorial Circle." The project is described as "a 250-foot-tall arch in Memorial Circle." The court will require a $1.00 bond. Retrieved 6:18 a.m. ET. https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.111.0.pdf
Legal instrument
Section 705 of the Administrative Procedure Act
Section 705 lets a reviewing court pause an agency action, or preserve the status quo, while a lawsuit goes forward, and only as far as needed to prevent irreparable injury. Judge Chutkan's November 5, 2026 opinion says that kind of stay acts on the agency decision itself, and she deferred it because a 14-day order already bars construction.
- 3.Notice, Document 109, filed 11/05/26. Defendants submit notice of "a decision package prepared by the Department of the Interior approving the proposal to build an arch on Memorial Circle." The package "is available on the National Park Service's Planning, Environment and Public Comment website, at https://parkplanning.nps.gov/documentsList.cfm?projectID=136973. It is also attached to this notice." This desk did not open the planning page or the attachment. Retrieved 6:18 a.m. ET. https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.109.0.pdf
What is still unknown or disputed
- The text of the decision record itself. The opinion cites it as an attachment. This desk did not open that file or the Park Service planning page.
- Whether any construction had already begun before the order. The order bars initiating or effectuating the listed activity. It does not say shovels were already in the ground.
- What happens when the 14 days end. The order does not set the next hearing.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Order granting a temporary restraining order
U.S. District Court for the District of Columbia · November 5, 2026
The restraining order is granted for fourteen (14) days and bars arch construction at Memorial Circle. A $1.00 bond is due November 13, 2026. Retrieved 6:18 a.m. ET.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.110.0.pdf
Source 2
Memorandum opinion
U.S. District Court for the District of Columbia · November 5, 2026
Judge Chutkan grants the restraining order, defers the
stay, and says Interior approved construction on November 5, 2026. Retrieved 6:18 a.m. ET.Legal instrument
Section 705 of the Administrative Procedure Act
Section 705 lets a reviewing court pause an agency action, or preserve the status quo, while a lawsuit goes forward, and only as far as needed to prevent irreparable injury. Judge Chutkan's November 5, 2026 opinion says that kind of stay acts on the agency decision itself, and she deferred it because a 14-day order already bars construction.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.111.0.pdf
Source 3
Notice of the Interior decision package
U.S. District Court for the District of Columbia · November 5, 2026
The Justice Department says Interior's decision package approving the arch is on the Park Service planning site and is attached. Retrieved 6:18 a.m. ET.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.289572/gov.uscourts.dcd.289572.109.0.pdf