The National Trust for Historic Preservation sued to block the construction on historic preservation and executive authority grounds. Judge Leon initially granted the injunction, but the DOJ's subsequent motion prompted the judge to signal his intent to consider sanctions. The U.S. Court of Appeals for the D.C. Circuit has since temporarily blocked Leon's order, allowing construction to proceed while the case remains pending.
Rule 11 sanctions against federal prosecutors are exceptionally rare, making this development significant. Attorneys should monitor whether Judge Leon follows through with sanctions and how the D.C. Circuit addresses the underlying merits. The case presents a potential test of judicial willingness to hold executive branch lawyers accountable for filings that prioritize political messaging over legal standards—a question with implications for how courts manage litigation involving the federal government.