Case: Lemmon v. Trump

1:26-cv-00544 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 19, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 19, 2026, four individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia against President Donald J. Trump, the Director of the Domestic Policy Council, the Executive Office of the President, and the National Park Service, seeking declaratory and injunctive relief to halt construction of a proposed 250-foot “Independence Arch” at Memorial Circle in Washington, D.C.  The complaint alleged a non-statutory ultra vires cause of action and a constit…

On February 19, 2026, four individual plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia against President Donald J. Trump, the Director of the Domestic Policy Council, the Executive Office of the President, and the National Park Service, seeking declaratory and injunctive relief to halt construction of a proposed 250-foot “Independence Arch” at Memorial Circle in Washington, D.C.  The complaint alleged a non-statutory ultra vires cause of action and a constitutional Take Care Clause violation, asserting that defendants planned to construct the monument without congressional authorization required by the Commemorative Works Act and 40 U.S.C. § 8106.  Plaintiffs further alleged that defendants failed to comply with statutory procedural requirements, including the National Historic Preservation Act and NEPA. They sought declaratory relief and preliminary and permanent injunctions barring construction unless and until all statutory prerequisites were satisfied. 

The case was assigned to Judge Tanya S. Chutkan.

This case is ongoing.

Summary Authors

Ben Hefter (2/24/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72301112/parties/lemmon-v-trump/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorney for Plaintiff

Liu, Wendy (District of Columbia)

Sansone, Nicolas (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:26-cv-00544

Complaint for Declaratory and Injunctive Relief

Feb. 19, 2026

Feb. 19, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72301112/lemmon-v-trump/

Last updated April 4, 2026, 4:53 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12254574) filed by Jon Gundersen, Shaun Byrnes, Michael Lemmon, Calder Loth. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons EOP, # 4 Summons Haley, # 5 Summons NPS, # 6 Summons Trump, # 7 Summons USAO)(Liu, Wendy) (Entered: 02/19/2026)

1 Civil Cover Sheet

View on PACER

2 Summons DOJ

View on PACER

3 Summons EOP

View on PACER

4 Summons Haley

View on PACER

5 Summons NPS

View on PACER

6 Summons Trump

View on PACER

7 Summons USAO

View on PACER

Feb. 19, 2026

Feb. 19, 2026

Clearinghouse
2

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

3

NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

4

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by SHAUN BYRNES, JON GUNDERSEN, MICHAEL LEMMON, CALDER LOTH (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Notice of Plaintiffs' Addresses, # 2 Text of Proposed Order)(Sansone, Nicolas) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

5

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/20/2026)

Feb. 20, 2026

Feb. 20, 2026

Case Assigned/Reassigned

Feb. 20, 2026

Feb. 20, 2026

Case Assigned to Judge Tanya S. Chutkan. (zmtm)

Feb. 20, 2026

Feb. 20, 2026

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/20/2026. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2026. (Sansone, Nicolas) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

7

MOTION for Preliminary Injunction by SHAUN BYRNES, JON GUNDERSEN, MICHAEL LEMMON, CALDER LOTH. (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Michael Lemmon, # 3 Declaration Declaration of Shaun Byrnes, # 4 Declaration Declaration of Jon Gundersen, # 5 Declaration Declaration of Calder Loth, # 6 Text of Proposed Order)(Sansone, Nicolas) (Entered: 02/27/2026)

1 Memorandum in Support

View on RECAP

2 Declaration Declaration of Michael Lemmon

View on PACER

3 Declaration Declaration of Shaun Byrnes

View on PACER

4 Declaration Declaration of Jon Gundersen

View on PACER

5 Declaration Declaration of Calder Loth

View on PACER

6 Text of Proposed Order

View on PACER

Feb. 27, 2026

Feb. 27, 2026

RECAP

.Order AND Scheduling Order

Feb. 27, 2026

Feb. 27, 2026

MINUTE ORDER: Pursuant to LCvR 65.1(c), Defendants shall file an opposition to Plaintiffs' 7 Motion for Preliminary Injunction by 3/6/2026. Plaintiffs shall file a reply by 3/10/2026. Signed by Judge Tanya S. Chutkan on 2/27/2026. (lchs)

Feb. 27, 2026

Feb. 27, 2026

8

MOTION for Leave to File Amicus Brief by MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND UNITED STATES SENATE. (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Gossett, David) (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander Perloff-Giles, Filing fee $ 100, receipt number ADCDC-12282476. Fee Status: Fee Paid. by MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND UNITED STATES SENATE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gossett, David) Modified on 3/10/2026 to add receipt number (mg). (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

10

AMICUS BRIEF by MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND UNITED STATES SENATE. (zjm) (Entered: 03/09/2026)

March 5, 2026

March 5, 2026

RECAP

Order on Motion for Leave to File Amicus Brief AND Set/Reset Deadlines

March 5, 2026

March 5, 2026

MINUTE ORDER: Granting 8 Motion of Members of the United States House of Representatives and United States Senate to file an amicus brief on behalf of Plaintiffs. The Clerk of the Court shall docket [8-1] as Amicus Brief of Members of the United States House of Representatives and United States Senate. To avoid prejudice, the parties' deadlines are extended as follows: Defendants shall file their opposition to Plaintiffs' 7 Motion for Preliminary Injunction by 3/10/2026, and Plaintiffs shall file a reply by 3/13/2026. Signed by Judge Tanya S. Chutkan on 3/5/3036. (lchs)

March 5, 2026

March 5, 2026

Notice of Error

March 9, 2026

March 9, 2026

NOTICE OF ERROR regarding 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexander Perloff-Giles, Fee Status: No Fee Paid.. The following error(s) need correction: Pro Hac Vice filing fee of $100 not paid. Please remit payment using the event Payment of Fee- Pro Hac Vice. (zjm)

March 9, 2026

March 9, 2026

11

NOTICE of Appearance by Michael Sean Sawyer on behalf of All Defendants (Sawyer, Michael) (Entered: 03/10/2026)

March 10, 2026

March 10, 2026

12

Memorandum in opposition to re 7 MOTION for Preliminary Injunction filed by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, VINCE HALEY, NATIONAL PARK SERVICE, DONALD J. TRUMP. (Attachments: # 1 Affidavit of Frank Lands, Deputy Director for Operations, National Park Service)(Sawyer, Michael) (Entered: 03/10/2026)

1 Affidavit of Frank Lands, Deputy Director for Operations, National Park Service

View on RECAP

March 10, 2026

March 10, 2026

RECAP
13

REPLY to opposition to motion re 7 Motion for Preliminary Injunction, filed by SHAUN BYRNES, JON GUNDERSEN, MICHAEL LEMMON, CALDER LOTH. (Sansone, Nicolas) (Entered: 03/13/2026)

March 13, 2026

March 13, 2026

RECAP
14

NOTICE of Appearance by Daniel Luecke on behalf of EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, VINCE HALEY, NATIONAL PARK SERVICE, DONALD J. TRUMP (Luecke, Daniel) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

Notice of Hearing

March 20, 2026

March 20, 2026

NOTICE of Hearing: Motion Hearing set for 4/2/2026 at 2:00 PM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (zcll)

March 20, 2026

March 20, 2026

15

NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

16

NOTICE OF SUPPLEMENTAL AUTHORITY by EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES, VINCE HALEY, NATIONAL PARK SERVICE, DONALD J. TRUMP (Craigmyle, Bradley) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

RECAP
17

RESPONSE re 16 NOTICE OF SUPPLEMENTAL AUTHORITY filed by SHAUN BYRNES, JON GUNDERSEN, MICHAEL LEMMON, CALDER LOTH. (Sansone, Nicolas) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

RECAP

.Order

April 1, 2026

April 1, 2026

Minute Order: The Court will provide access for the public to telephonically attend the hearing on the motion hearing, scheduled for April 2nd, 2026 at 2:00 p.m. The hearing can be accessed through dialing the Toll Free Number: 833-990-9400, Meeting ID: 493633106. It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 4/1/2026. (zcll)

April 1, 2026

April 1, 2026

18

NOTICE of Appearance by Marissa Ann Piropato on behalf of All Defendants (Piropato, Marissa) (Entered: 04/02/2026)

April 2, 2026

April 2, 2026

Motion Hearing

April 2, 2026

April 2, 2026

.Order AND Status Report Order AND ~Util - Set/Reset Deadlines

April 2, 2026

April 2, 2026

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 4/2/2026 re 7 MOTION for Preliminary Injunction . The Court hears oral argument. Order forthcoming from Chambers. (Court Reporter Lisa Edwards.) (zcll)

April 2, 2026

April 2, 2026

MINUTE ORDER: The parties are ORDERED to meet and confer and file a joint status report by 5:00pm on April 3, 2026, indicating whether Defendants will seek National Park Service authorization and abide by applicable congressional approval and statutory review requirements before beginning construction. If applicable, that report shall include a proposed consent order addressing the above question. If the parties are unable to agree on a proposed order, Defendants are directed to submit a declaration by April 7, 2026, from an appropriate representative of the President, Director Haley, or the Executive Office of the President, setting forth the status of any pre-construction activities and whether Defendants will seek National Park Service authorization before initiating construction. Signed by Judge Tanya S. Chutkan on 4/2/2026. (lchs)

April 2, 2026

April 2, 2026

19

Transcript

April 3, 2026

April 3, 2026

20

Extension of Time to File Document

1 Text of Proposed Order

View on PACER

April 3, 2026

April 3, 2026

21

Status Report

1 Text of Proposed Order

View on PACER

April 3, 2026

April 3, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Environmental Justice

Key Dates

Filing Date: Feb. 19, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual plaintiffs, three of whom are former members of the military and one who is an architectural historian

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Director of the Domestic Policy Council

Donald J. Trump

Executive Office of the President

National Park Service

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Constitutional Clause(s):

Take Care Clause

Other Dockets:

District of District of Columbia 1:26-cv-00544

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Recommended Citation