The Cultural Landscape Foundation with Coalition of Organizations Sues Department of the Interior to Prevent Siting of the National Garden of American Heroes in Washington, D.C.’s West Potomac Park

Media Contact: Nord Wennerstrom | T: 202.483.0553  | M: 202.255.7076 | E: nord@tclf.org

Democracy Forward filed the suit on behalf of the coalition that includes The Cultural Landscape Foundation, D.C. Preservation League, National Mall Coalition, National Parks Conservation Association, Committee of 100 on the Federal City, Olmsted Network, and D.C. resident Steve Longenecker

Washington, D.C (June 15, 2026) – The Cultural Landscape Foundation (TCLF), a national Washington, D.C.-based education and advocacy non-profit organization established in 1998, today joined with the D.C. Preservation League, National Mall Coalition, National Parks Conservation Association, Committee of 100 on the Federal City, Olmsted Network, and D.C. resident Steve Longenecker and filed a lawsuit against the U.S. Department of the Interior and other defendants to prevent the use of West Potomac Park for a proposed National Garden of American Heroes. The coalition is represented by Democracy Forward.  In the lawsuit, the groups argue that the planned siting of the National Garden of American Heroes violates the Administrative Procedure Act of 1946 based on non-compliance with, among other statutes, the Commemorative Works Act of 1986, National Historic Preservation Act of 1966, National Environmental Policy Act of 1969, and the Organic Act of 1916 that created the National Park Service (NPS). West Potomac Park is managed by NPS, which is part of the Department of the Interior, and is listed in the National Register of Historic Places as part of the East and West Potomac Parks Historic District.

Here is a link to the complaint.

As stated in the complaint, the National Garden of American Heroes would feature “250 statues—each at least eight feet tall—set among reflecting pools, plazas, dining facilities, and an amphitheater, all of which will displace [West Potomac Park’s] existing open spaces and recreational fields.  One of the President’s top fundraisers has already begun soliciting donations,” sharing renderings that illustrate how this garden complex will replace the current park.

The Commemorative Works Act (CWA), according to congress.gov, states that "the great cross-axis of the [National] Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial" is considered "a substantially completed work of civic art.” In addition, "to preserve the integrity of the Mall ... the siting of new commemorative works is prohibited." West Potomac Park includes the National World War II Memorial, the Korean War Veterans Memorial, the Franklin Delano Roosevelt Memorial, and the Martin Luther King, Jr. Memorial.  “Congress enacted the CWA in part to preserve the integrity of the National Mall. Space on the National Mall is at a premium, with different groups vying for space for contemplation, commemoration, and group gatherings.” Congressional authorization would be required for the creation of the National Garden of American Heroes in West Potomac Park.

“The National Register-designated West Potomac Park is not available open space; it is part of the National Mall, which is one of the world’s finest achievements in civic landscape architecture, architecture, city planning, and art,” said Charles A. Birnbaum, TCLF’s President and CEO.

Birnbaum added: “We are grateful to Democracy Forward, and especially to Michael Torcello, Anne Swift, Catherine Carroll, and Robin Thurston for taking on this case. West Potomac Park and other treasured examples of our nation’s shared patrimony are safeguarded by the rule of law, which we believe should be enforced.”

TCLF’s Birnbaum spent fifteen years at the National Park Service as Coordinator of the Historic Landscape Initiative (1992-2007) during which time he authored The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes (1996), federal regulations that guide stewards and policy makers, and inform reviews under Section 106 of the National Historic Preservation Act.

About Democracy Forward
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.

About The Cultural Landscape Foundation
The Cultural Landscape Foundation (TCLF) is a 501(c)(3) non-profit founded in 1998 with a mission of “connecting people to places.” TCLF educates and engages the public to make our shared landscape heritage more visible, identify its value, and empower its stewards. Through its website, publishing, lectures, and other events, TCLF broadens support and understanding for cultural landscapes. TCLF is also home to the Cornelia Hahn Oberlander International Landscape Architecture Prize.

NOTE: All media inquiries about this lawsuit should be directed to Democracy Forward, E: press@democracyforward.org.

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