A legal bid to stop construction of a $400 million White House ballroom has faltered, clearing the way for the Trump administration to continue building on the site of the demolished East Wing.
On Thursday, U.S. District Judge Richard Leon declined to grant a temporary injunction sought by the National Trust for Historic Preservation, concluding the group was unlikely to prevail under the arguments it presented. The privately funded nonprofit had asked the court to halt President Donald Trump’s project while it underwent independent reviews and secured congressional approval.
In his ruling, Leon said the organization’s case relied on what he described as a “ragtag group of theories” drawn from the Administrative Procedure Act and constitutional claims. He suggested the lawsuit might stand a stronger chance if it were reframed.
“Unfortunately, because both sides initially focused on the President’s constitutional authority to destruct and construct the East Wing of the White House, Plaintiff didn’t bring the necessary cause of action to test the statutory authority the President claims is the basis to do this construction project without the blessing of Congress and with private funds,” the judge wrote.
Although Leon refused to pause the project, he confirmed that the National Trust has legal standing to sue, a point the group had emphasized from the outset.
Carol Quillen, the organization’s president and CEO, said the Trust was “disappointed” no injunction was issued but “pleased that Judge Leon ruled that the National Trust has standing to bring this lawsuit, as we have asserted from the start.”
“We are also pleased that he encouraged us to amend our complaint — specifically, to assert that the president has acted beyond his statutory authority — and we plan to do so promptly,” Quillen said in a statement. “The judge indicated he will rule expeditiously once we do so, and we will await his decision.”
Trump celebrated the outcome on social media, calling it “Great news for America.” He added that the ballroom was progressing ahead of schedule and below projected costs and “will stand long into the future as a symbol to the Greatness of America.”
The White House first unveiled the ballroom proposal over the summer. By late October, the East Wing had been razed to make space for a 90,000 square foot facility designed to seat 999 guests. Officials have said the project will be financed through private donations, including contributions from Trump.
The administration moved forward before consulting two federal oversight bodies, the National Capital Planning Commission and the Commission of Fine Arts, both of which now include Trump allies. The Commission of Fine Arts approved the plan last week, while the planning commission is scheduled to revisit the matter at a March 5 meeting.
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At a preliminary hearing in December, Leon cautioned the administration against locking in key underground infrastructure decisions, such as plumbing and gas line routes, that could predetermine the scale of the structure above ground.
The National Trust warned that allowing the project to proceed unchecked could set a precedent for even more sweeping changes to the White House complex, including potential demolition of the West Wing or Executive Mansion.
“The losers will be (the) American public, who will be left with a massive ballroom that not only overwhelms what is perhaps the nation’s most historically important building, but will have been built in violation of an astonishingly wide range of laws,” plaintiffs’ attorneys wrote.
Government lawyers countered that the challenge was premature because the final building plans are not yet complete and that above ground construction is not expected to begin until April. They also maintained that previous presidents undertook renovation projects, some controversial at the time, without seeking congressional approval.
“Many of those projects were highly controversial in their time yet have since become accepted—even beloved—parts of the White House,” government lawyers wrote.
Leon, who was appointed by President George W. Bush, ultimately determined that the White House office overseeing the ballroom project does not qualify as a federal agency under the Administrative Procedure Act. He further concluded that the preservationists had not established a viable basis for the court to resolve their claims about congressional authority.
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As a result, “I cannot reach the merits of the National Trust’s novel and weighty statutory arguments” at this time, Leon said.
