President Donald Trump may continue constructing a 90,000-square-foot ballroom at the White House, a Washington federal judge held in a ruling that dealt an initial blow to historic preservationists who tried to halt the project.
Senior Judge Richard Leon of the US District Court for the District of Columbia found on Thursday that he doesn’t have authority to consider a challenge to the president’s decision to tear down the East Wing and construct a ballroom on White House grounds.
Trump has said the ballroom could cost as much as $400 million and could be used to host future inaugurations.
The White House’s Office of the Executive Residence, which is managing the project, isn’t an agency that can be sued under federal administrative law, and the nonprofit National Trust for Historic Preservation didn’t properly challenge the president’s legal authority to complete construction, Leon, a George W. Bush appointee, said.
As a result, the judge said he has “no choice” but to deny the organization’s request to halt work. However, he left room for the nonprofit to update its lawsuit with the necessary claim challenging Trump’s authority.
“As such, unless and until Plaintiff amends its existing complaint to include the necessary ultra vires claim, the Court cannot address the merits of the novel and weighty issues raised by this statutory challenge,” Leon wrote.
If the trust updates its lawsuit, Leon said he “will expeditiously consider it.”
In a Truth Social post, Trump said, “Great news for America, and our wonderful White House!”
The ruling is a loss for the trust, which argued in a December lawsuit that the Trump administration should have secured congressional approval before tearing down the East Wing. The trust relied on a law prohibiting the construction of a building or structure on federal public grounds in Washington.
The preservationists also claimed the administration skipped necessary environmental and federal reviews. The White House has since consulted with the federal commissions overseeing fine arts and Washington development projects and completed an environmental assessment, the Justice Department said in a January court filing.
Carol Quillen, president and CEO of the National Trust, said in a statement while they are “disappointed” Leon didn’t block the project, they are “pleased that he encouraged us to amend our complaint” and “we plan to do so promptly.”
Leon initially allowed construction to continue, after finding the preservationist organization wouldn’t be imminently harmed because the design hadn’t been finalized. Demolition of the East Wing began in October, and foundation work is ongoing. Above-ground structural work is not expected to start until April at the earliest, according to the government.
The US Commission on Fine Arts, made up of Trump appointees, approved the design Feb. 19 after a single hearing.
The Justice Department argued in court that the administration had authority to construct the ballroom under a federal law authorizing some funds for “ordinary care” and “repair” of the Executive Mansion. Government lawyers also told the court that an order halting the project would leave an “unsightly excavation site” that would pose a safety hazard.
Leon seemed unpersuaded by the government’s positions at a hearing in January. The law cited by the government lawyers “anticipates very small side projects,” not a $400 million ballroom, and the government’s argument otherwise is a “pretty expansive interpretation,” he told the government’s lawyer at the hearing.
The case is Nat’l Trust for Historic Pres. v. Nat’l Park Serv., D.D.C., No. 25-cv-4316.
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