Case: Cultural Landscape Foundation v. Department of the Interior

1:26-cv-01593 | U.S. District Court for the District of District of Columbia

Filed Date: May 11, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the federal government's resurfacing of the Lincoln Memorial Reflecting Pool. On May 11, 2026, the Cultural Landscape Foundation (the “Foundation”), a nonprofit dedicated to documenting and preserving significant cultural landscapes, challenged the alteration of the National Mall by filing a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of the Interior and the National Park Service. Represented by the Washington Litigation Group, the Foundation brought claims under the National Historic Preservation Act (NHPA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA), alleging that federal officials unlawfully approved and began implementing a project to resurface the Lincoln Memorial reflecting pool's grey tiling with a bright blue coating without completing the consultation and review process required by Section 106 of the NHPA. Plaintiffs alleged that the project would substantially alter the historic character and appearance of the pool and that the agencies failed to adequately consider the effects of the proposed changes on a protected historic resource. Plaintiffs sought to recover attorney fees, declaratory relief, and injunctive relief, including a temporary restraining order, preliminary injunction, and a stay of agency action pending judicial review. The case was assigned to District Judge Carl J. Nichols.

On May 11, 2026, Plaintiffs moved for a temporary restraining order, preliminary injunction, and stay pending review, arguing that construction activities were imminent and that irreparable harm would occur absent immediate judicial intervention. On June 3, 2026, the federal government notified the court that the resurfacing of the Lincoln Memorial Reflecting Pool had been completed. As of June 2026, the motion remains pending.

Summary Authors

Niam Vora (6/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73321580/parties/cultural-landscape-foundation-v-us-department-of-the-interior/

Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Kristofcak, Alexander (District of Columbia)

Mead, Joseph Wilfred (District of Columbia)

Attorney for Defendant

Heise, John Karl (District of Columbia)

Expert/Monitor/Master/Other

King, Kevin F. (District of Columbia)

Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Kristofcak, Alexander (District of Columbia)

Mead, Joseph Wilfred (District of Columbia)

Zelinsky, Nathaniel Avi (District of Columbia)

Attorney for Defendant

Heise, John Karl (District of Columbia)

Piropato, Marissa Ann (District of Columbia)

Other

King, Kevin F. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-01593	Complaint The Cultural Landscape Foundation v. U.S. Department of the Interior et al.	May 11, 2026	May 11, 2026 Complaint
18 1:26-cv-01593	Notice The Cultural Landscape Foundation et al. v. U.S. Department of the Interior et al.	June 3, 2026	June 3, 2026 Pleading / Motion / Brief

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73321580/cultural-landscape-foundation-v-us-department-of-the-interior/

Last updated Aug. 30, 2026, 3:16 a.m.

Docket for: CULTURAL LANDSCAPE FOUNDATION v. U.S. DEPARTMENT OF THE INTERIOR

ECF Number	Date	Description	Link
1	May 11, 2026	COMPLAINT against JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 405 receipt number ADCDC-12412240) filed by THE CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOI, # 3 Summons Burgum, # 4 Summons NPS, # 5 Summons Bowron, # 6 Summons USAO-DC, # 7 Summons DOJ)(Kristofcak, Alexander) (Attachment 1 replaced on 5/11/2026) (znmw). (Entered: 05/11/2026) 1 Civil Cover Sheet View on RECAP 2 Summons DOI View on RECAP 3 Summons Burgum View on RECAP 4 Summons NPS View on RECAP 5 Summons Bowron View on RECAP 6 Summons USAO-DC View on RECAP 7 Summons DOJ View on RECAP	Clearinghouse
2	May 11, 2026	MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION to Stay Pursuant to Section 705 by CHARLES A. BIRNBAUM, THE CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Declaration of Charles A. Birnbaum, # 2 Exhibit A: April 27, 2026, email from Wennerstrom to Stidham, # 3 Exhibit B: May 5, 2026, email from Wennerstrom to Stidham, # 4 Exhibit C: May 7-8, 2026, email exchange between Wennerstrom and Loichinger, # 5 Declaration of James Garland)(Kristofcak, Alexander) (Entered: 05/11/2026) 1 Declaration of Charles A. Birnbaum View on RECAP 2 Exhibit A: April 27, 2026, email from Wennerstrom to Stidham View on RECAP 3 Exhibit B: May 5, 2026, email from Wennerstrom to Stidham View on RECAP 4 Exhibit C: May 7-8, 2026, email exchange between Wennerstrom and Loichinger View on RECAP 5 Declaration of James Garland View on RECAP	RECAP
3	May 11, 2026	REQUEST FOR SUMMONS TO ISSUE as to Jessica Bowron filed by THE CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM.(Kristofcak, Alexander) (Entered: 05/11/2026)	RECAP
4	May 11, 2026	NOTICE of Appearance by Joseph Wilfred Mead on behalf of All Plaintiffs (Mead, Joseph) (Entered: 05/11/2026)	RECAP
5	May 11, 2026	NOTICE of Appearance by Alexander Kristofcak on behalf of CHARLES A. BIRNBAUM, THE CULTURAL LANDSCAPE FOUNDATION (Kristofcak, Alexander) (Entered: 05/11/2026)	RECAP
6	May 11, 2026	SUMMONS (2) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/11/2026)	RECAP
7	May 11, 2026	CERTIFICATE OF SERVICE by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 1 Complaint, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 and Notice of TRO to Opposing Party. (Kristofcak, Alexander) (Entered: 05/11/2026)	RECAP
8	May 11, 2026	NOTICE of Appearance by John Karl Heise on behalf of All Defendants (Heise, John) (Entered: 05/11/2026)	RECAP
	May 11, 2026	Case Assigned/Reassigned
	May 11, 2026	~Util - Set/Reset Deadlines
	May 11, 2026	Set Deadlines
	May 11, 2026	Case Assigned to Judge Carl J. Nichols. (znmw)
	May 11, 2026	MINUTE ORDER. In light of Plaintiffs' 2 Motion for Temporary Restraining Order, it is hereby ORDERED that by 5:00 pm EDT on May 12, 2026, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for the 2 Motion; (2) a statement addressing whether a hearing on the 2 Motion is necessary, and if so, a proposed date and time for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between affiants. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Plaintiffs shall notify counsel for Defendants of the contents of this Minute Order. So ORDERED by Judge Carl J. Nichols on 5/11/2026. (lccjn1)
9	May 12, 2026	NOTICE of Appearance by Nathaniel Avi Gideon Zelinsky on behalf of All Plaintiffs (Zelinsky, Nathaniel) (Entered: 05/12/2026)	RECAP
10	May 12, 2026	Joint STATUS REPORT by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Kristofcak, Alexander) (Entered: 05/12/2026)	RECAP
	May 12, 2026	~Util - Set/Reset Deadlines/Hearings
	May 12, 2026	MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that Defendants file their response to Plaintiffs' Motion for a Temporary Restraining Order, Preliminary Injunction, and/or Stay of Agency Action on or before May 18, 2026; Plaintiffs file their reply (if any) on or before May 19, 2026; and the parties appear for an in-person hearing on May 21, 2026, at 2:00 PM in Courtroom 17. So ORDERED by Judge Carl J. Nichols on 5/12/2026. (lccjn1)
11	May 14, 2026	STANDING ORDER. Signed by Judge Carl J. Nichols on 5/14/2026. (lccjn1) (Entered: 05/14/2026)	RECAP
12	May 18, 2026	RESPONSE re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 filed by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration of Dr. Kevin Greiss, # 2 Exhibit A to Greiss Declaration (Pt. 1/2), # 3 Exhibit A to Greiss Declaration (Pt. 2/2), # 4 Exhibit B to Greiss Declaration (Pt. 1/2), # 5 Exhibit B to Greiss Declaration (Pt. 2/2), # 6 Exhibit C to Greiss Declaration, # 7 Exhibit D to Greiss Declaration, # 8 Exhibit E to Greiss Declaration, # 9 Exhibit F to Greiss Declaration, # 10 Exhibit G to Greiss Declaration, # 11 Exhibit H to Greiss Declaration, # 12 Exhibit I to Greiss Declaration, # 13 Exhibit J to Greiss Declaration, # 14 Exhibit K to Greiss Declaration, # 15 Exhibit L to Greiss Declaration, # 16 Text of Proposed Order)(Heise, John) (Entered: 05/18/2026) 1 Declaration of Dr. Kevin Greiss View on RECAP 2 Exhibit A to Greiss Declaration (Pt. 1/2) View on RECAP 3 Exhibit A to Greiss Declaration (Pt. 2/2) View on RECAP 4 Exhibit B to Greiss Declaration (Pt. 1/2) View on RECAP 5 Exhibit B to Greiss Declaration (Pt. 2/2) View on RECAP 6 Exhibit C to Greiss Declaration View on RECAP 7 Exhibit D to Greiss Declaration View on RECAP 8 Exhibit E to Greiss Declaration View on RECAP 9 Exhibit F to Greiss Declaration View on RECAP 10 Exhibit G to Greiss Declaration View on RECAP 11 Exhibit H to Greiss Declaration View on RECAP 12 Exhibit I to Greiss Declaration View on RECAP 13 Exhibit J to Greiss Declaration View on RECAP 14 Exhibit K to Greiss Declaration View on RECAP 15 Exhibit L to Greiss Declaration View on RECAP 16 Text of Proposed Order View on RECAP	RECAP
13	May 19, 2026	REPLY to opposition to motion re 2 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion to Stay,, filed by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Declaration Birnbaum Supplemental, # 2 Exhibit D: Reflecting Pool Repairs Appear Uneven and Behind Schedule, Officials Say - The New York Times, # 3 Exhibit E: Photos)(Kristofcak, Alexander) (Entered: 05/19/2026) 1 Declaration Birnbaum Supplemental View on RECAP 2 Exhibit D: Reflecting Pool Repairs Appear Uneven and Behind Schedule, Officials View on RECAP 3 Exhibit E: Photos View on RECAP	RECAP
14	May 20, 2026	CERTIFICATE OF SERVICE by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 1 Complaint, . (Attachments: # 1 Exhibit 1: Certified Mail Receipts)(Kristofcak, Alexander) (Entered: 05/20/2026)	RECAP
15	May 20, 2026	Consent MOTION for Leave to File Amicus Brief in Support of Defendants and in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by LANCE GOODEN. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(King, Kevin) (Entered: 05/20/2026) 1 Proposed Amicus Brief View on PACER 2 Text of Proposed Order View on PACER	RECAP
16	May 21, 2026	NOTICE of Appearance by Marissa Ann Piropato on behalf of All Defendants (Piropato, Marissa) (Entered: 05/21/2026)	RECAP
	May 21, 2026	Motion Hearing
	May 21, 2026	Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 5/21/2026 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705. Motion Taken Under Advisement. Further Order and Memorandum Opinion to be issued by the Court. Court Reporter: Bryan Wayne. (zcam)
17	May 26, 2026	AMICUS BRIEF by LANCE GOODEN. (znmw) (Entered: 05/27/2026)	RECAP
	May 26, 2026	Order on Motion for Leave to File Amicus Brief
	May 26, 2026	MINUTE ORDER. It is hereby ORDERED that U.S. Representative Lance Gooden's 15 Consent Motion for Leave to File Brief as Amicus Curiae is GRANTED. The clerk of court shall docket Representative Gooden's amicus brief. So ORDERED by Judge Carl J. Nichols on 5/26/2026. (lccjn1)
18	June 3, 2026	NOTICE by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR (Heise, John) (Entered: 06/03/2026)	Clearinghouse
19	June 10, 2026	NOTICE OF WITHDRAWAL OF MOTION by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 (Kristofcak, Alexander) (Entered: 06/10/2026)	RECAP
	June 15, 2026	~Util - Set/Reset Deadlines
	June 15, 2026	MINUTE ORDER. In light of Plaintiffs' withdrawal of their motion for emergency relief, it is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before June 17, 2026, proposing a schedule for further proceedings. So ORDERED by Judge Carl J. Nichols on 6/15/2026. (lccjn1)
20	June 17, 2026	Joint STATUS REPORT by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Heise, John) (Entered: 06/17/2026)	RECAP
21	June 22, 2026	NOTICE re: Recent Developments by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 20 Status Report (Kristofcak, Alexander) (Entered: 06/22/2026)	RECAP
	June 22, 2026	~Util - Set/Reset Deadlines
	June 22, 2026	MINUTE ORDER. Upon consideration of Plaintiffs' 21 Supplemental Notice, the Court hereby ORDERS that Defendants shall file a response on or before June 24, 2026. So ORDERED by Judge Carl J. Nichols on 6/22/2026. (lccjn1)
22	June 24, 2026	RESPONSE (Response to Plaintiffs' Supplemental Notice) by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR re 21 Notice (Other) (Attachments: # 1 Declaration of Frank Lands)(Heise, John) Modified event on 6/25/2026 (znmw). (Entered: 06/24/2026) 1 Declaration of Frank Lands View on RECAP	RECAP
	June 29, 2026	~Util - Set/Reset Deadlines
	June 29, 2026	MINUTE ORDER. Upon consideration of the 20 Joint Status Report, the Court hereby ORDERS the following schedule: Plaintiffs shall file an amended complaint, if any, on or before July 2, 2026; Defendants shall file their Motion to Dismiss on or before July 17, 2026; Plaintiffs shall file their response to Defendants' Motion to Dismiss on or before July 31, 2026; and Defendants shall file their reply on or before August 7, 2026. So ORDERED by Judge Carl J. Nichols on 6/29/2026. (lccjn1)
23	July 2, 2026	AMENDED COMPLAINT against JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR filed by CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM. (Attachments: # 1 Exhibit Redline against original complaint)(Kristofcak, Alexander) (Entered: 07/02/2026) 1 Exhibit Redline against original complaint View on PACER	RECAP
24	July 16, 2026	MOTION for Discovery Limited Expedited Discovery to Preserve Evidence by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Mead, Joseph) (Entered: 07/16/2026) 1 Text of Proposed Order View on PACER	RECAP
25	July 17, 2026	MOTION to Dismiss for Lack of Jurisdiction by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Heise, John) (Entered: 07/17/2026) 1 Exhibit View on RECAP 2 Exhibit View on PACER 3 Text of Proposed Order View on PACER	RECAP
26	July 30, 2026	RESPONSE re 24 MOTION for Discovery Limited Expedited Discovery to Preserve Evidence filed by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Heise, John) (Entered: 07/30/2026) 1 Text of Proposed Order View on RECAP	RECAP
27	July 31, 2026	Memorandum in opposition to re 25 MOTION to Dismiss for Lack of Jurisdiction filed by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Kristofcak, Alexander) (Entered: 07/31/2026)	RECAP
28	Aug. 4, 2026	REPLY to opposition to motion re 24 Motion for Discovery filed by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Exhibit A: Government's Motion to Dismiss the Indictment in United States v. Hearn)(Kristofcak, Alexander) (Entered: 08/04/2026)	RECAP
	Aug. 4, 2026	Order on Motion for Discovery
	Aug. 4, 2026	MINUTE ORDER. Upon consideration of Plaintiffs' 24 Motion for Limited Expedited Discovery to Preserve Evidence, Plaintiffs have failed to establish that they are entitled to the relief they seek. It is therefore ORDERED that the Motion is DENIED. So ORDERED by Judge Carl J. Nichols on 8/4/2026. (lccjn1)
29	Aug. 7, 2026	REPLY to opposition to motion re 25 Motion to Dismiss/Lack of Jurisdiction filed by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Heise, John) (Entered: 08/07/2026)	RECAP
30	Aug. 14, 2026	NOTICE OF WITHDRAWAL OF APPEARANCE as to JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. Attorney John Karl Heise terminated. (Heise, John) (Entered: 08/14/2026)	RECAP
	Aug. 14, 2026	~Util - Set/Reset Deadlines
	Aug. 14, 2026	MINUTE ORDER. In light of the recent decision in National Trust for Historic Preservation in the United States v. National Park Service, et al. (No. 26-5123) (D.C. Cir.), the parties are hereby ORDERED to file supplemental briefs addressing the effect, if any, of that decision on the pending motion to dismiss in this case. Plaintiffs shall file their supplemental brief on or before August 28, 2026, and the government shall file its responsive supplemental brief on or before September 11, 2026. The briefs shall not exceed 10 pages. So ORDERED by Judge Carl J. Nichols on 8/14/2026. (lccjn1)
31	Aug. 28, 2026	SUPPLEMENTAL MEMORANDUM to re 27 Memorandum in Opposition filed by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Kristofcak, Alexander) (Entered: 08/28/2026)	RECAP

show / hide docket entries

Case Details

State / Territory:

District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Environmental Protections

Key Dates

Filing Date: May 11, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization dedicated to preserving and interpreting historic cultural landscapes challenging federal approval of alterations to the Lincoln Memorial reflecting pool.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Park Service

U.S. Department of the Interior

Defendant Type(s):

Parks

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Other Dockets:

District of District of Columbia 1:26-cv-01593

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Recommended Citation

Case Summary of Cultural Landscape Foundation v. Department of the Interior, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48176/ (last updated 6/4/2026).