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By Alice Gibbs
Senior Reporter
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The Trump administration is seeking to throw out a lawsuit over the controversial Lincoln Memorial Reflecting Pool makeover, arguing that the plaintiffs no longer have a viable legal claim now that the project is finished and have failed to show any injury tied to the pool’s “current state.”
In a joint status report filed on Wednesday, government lawyers said The Cultural Landscape Foundation (TCLF), which sued over the repainting of the pool basin, “lacked standing when they filed this suit” and that this is “all the more so now given that the project is complete.”
The filing marks the clearest signal yet that the administration intends to fight the case first on procedural grounds.
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Newsweek reached out to the The Cultural Landscape Foundation (TCLF) and the U.S. Department of the Interior via email for comment.
Government Says Plaintiffs’ Claims No Longer Apply
TCLF’s lawsuit argues the administration unlawfully altered a protected historic feature of the National Mall by repainting the pool without carrying out the consultation and review required under federal preservation law.
The administration also argued that TCLF’s original claims were based on an account of the project that “has proven to be incorrect,” specifically citing the group’s allegation that the Reflecting Pool would be painted “vivid blue.”
Government lawyers added that plaintiffs “have yet to articulate a theory of harm that is tethered to the current state of the pool.”
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Non-Profit Pushes Back, Calls Arguments 'Insubstantial'
TCLF, however, is urging the court to move quickly to the merits of the case rather than splitting proceedings into separate stages.
In the filing, the group said any jurisdictional arguments raised by the government are “insubstantial” and can be addressed alongside the broader dispute.
It also suggested the administration had shifted its position on next steps, saying the parties had reached a “tentative agreement” before defendants “reconsidered and unilaterally insisted upon an entirely different schedule.”
Charles A. Birnbaum, founding president and CEO of The Cultural Landscape Foundation, told Newsweek: “The administration’s response is neither surprising nor new. It is the foundation’s hope that the administration will follow the law and do an authentic review under Section 106 of the National Historic Preservation Act, which would include 'consulting parties'—such as The Cultural Landscape Foundation and others—that are subject area experts that could identify potential problems—like algae—and suggest solutions. Instead, the administration acted in haste, which led to predictable problems.”
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Behind The Pool Makeover
The case centers on the overhaul of the century-old Reflecting Pool on the National Mall, which was drained, resurfaced and refilled this spring as part of President Donald Trump’s push to revamp iconic federal landmarks ahead of the nation’s 250th anniversary.
The renovation aimed to create a deeper “American flag blue” finish while addressing structural issues including leaks and wear in the basin.
Federal records showed the project cost had reached roughly $14 million—far above Trump’s earlier estimate of $1.5 million to $2 million—and was awarded via a no-bid contract that has drawn scrutiny.
TCLF sued in May, arguing the administration unlawfully altered a historic feature without carrying out required review under federal preservation laws.
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Green Water and Chemical Treatment Add New Scrutiny
The legal fight is unfolding as the pool itself faces fresh attention following an unexpected algae bloom.
Just days after reopening, the Reflecting Pool turned visibly green, with footage showing workers adding what appeared to be hydrogen peroxide to tackle the rapid growth.
Officials confirmed the chemical was being used alongside filtration and nanobubble ozone systems to restore clarity. Pool maintenance expert Steve Goodale told Newsweek: “Adding peroxide is, in effect, doing the same thing that the nanobubbler system does—oxidation of the organic debris. So they do not need to add enough peroxide to combat the algae entirely, just enough to help support the ozone nanobubblers.”
The bloom has raised questions about whether the compressed renovation timeline—draining, repainting and refilling within weeks—left the system vulnerable to instability, particularly as summer temperatures rise.
What Happens Next
The dueling proposals now before U.S. District Judge Carl Nichols set up a key procedural fork.
The administration wants TCLF to amend its complaint before filing a motion to dismiss, while the group is pushing to move directly into full briefing on the merits.
Nichols will decide how the case proceeds—and whether the administration succeeds in ending the lawsuit before the court reaches the broader question of whether the Reflecting Pool makeover violated preservation law.
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