National Trust for Historic Preservation in the United States v. National Park Service
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Overview
Overview
The National Trust for Historic Preservation in the United States sued the National Park Service over the demolition of the East Wing of the White House and President Trump's Ballroom Project.
The Issue
Issue
Whether the National Park Service violated the National Historic Preservation Act Section 106 consultation requirements and the Administrative Procedure Act when authorizing demolition of the East Wing of the White House for the President's Ballroom Project.
The Rules
Rule
The National Historic Preservation Act Section 106 requires federal agencies to take into account the effect of their undertakings on historic properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment; agency action is also subject to APA review for arbitrary and capricious decision-making.
The Application
Analysis
The National Trust challenges whether the NPS conducted adequate Section 106 consultation and whether the agency's authorization of the East Wing demolition was reasoned and supported by the administrative record.
The Conclusion
Judge Richard J. Leon issued a modified preliminary injunction constraining the demolition/construction work on the White House East Wing and Ballroom Project. On August 7, 2026, the D.C. Circuit affirmed that modified preliminary injunction and vacated its April 17, 2026 administrative stay (per curiam; opinion by Judges Millett and Garcia, Judge Rao dissenting), staying the ruling fourteen days to allow the government to seek Supreme Court review. The district case remains active on the merits. On August 14, 2026, the Solicitor General filed an emergency application in the Supreme Court (No. 26A203) seeking a stay of Judge Leon's injunction and an immediate administrative stay, arguing that the National Trust lacks Article III standing and that the East Wing and Ballroom Project is statutorily authorized and does not violate 40 U.S.C. 8106.
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