National Park Service et al. v. National Trust for Historic Preservation in the United States et al.
No. 26A203 · Decided August 31, 2026 · Application for stay granted
Whether the federal government should be granted a stay of a preliminary injunction that halts construction of a new White House East Wing ballroom. The application for a stay of the preliminary injunction is granted because the government is likely to prevail on the issue of standing and the balance of equities favors relief.
Vote & lineupPer Curiam
The question
Whether the federal government should be granted a stay of a preliminary injunction that halts construction of a new White House East Wing ballroom. The Court must determine if the National Trust for Historic Preservation has Article III standing to challenge the project based on a member's aesthetic objections. Additionally, the Court considers whether the balance of equities and the risk of irreparable harm favor allowing construction to proceed pending further review.
Petitioner's argument
- The National Trust lacks Article III standing because its member's objections to the ballroom's design constitute mere offense or distaste rather than a concrete and particularized injury.
- Halting the integrated construction project would cause irreparable harm, including national security risks and operational failures for the Secret Service.
- The balance of equities favors the government because the asserted aesthetic injuries are substantially outweighed by critical security needs and construction-related problems.
- The district court exceeded its authority by enjoining the activities of a coordinate branch of government.
Respondent's argument
- Standing is established through member Alison Hoagland, whose "aesthetic, cultural, and historical interests" are injured by the ballroom's scale, height, and massing.
- Aesthetic injuries are cognizable under Article III, drawing a parallel to environmental cases where the desire to observe nature or animals suffices for standing.
- Hoagland's specialized expertise in historic architecture provides a "focused and substantiated" interest that distinguishes her from an ordinary citizen.
- The construction is likely unlawful because it lacks "express authority of Congress" required by 40 U.S.C. § 8106 for structures on federal park grounds in the District of Columbia.
The decision
- The Court granted the stay, finding that the government is likely to succeed on the merits regarding standing and that other stay factors favor relief.
- To satisfy Article III standing, a plaintiff must show an "injury in fact" that is "concrete and particularized" and "actual or imminent," as required by *Lujan v. Defenders of Wildlife* and *TransUnion LLC v. Ramirez*.
- The Court held that mere offense, disagreement, or distaste does not qualify as a concrete injury, citing *FDA v. Alliance for Hippocratic Medicine* and *Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.*
- The Court distinguished environmental cases like *Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.* because those plaintiffs alleged injuries to recreational interests—such as fishing and swimming—rather than mere aesthetic offense.
- The Court clarified that while a "desire to... observe an animal species" is a cognizable interest under *Lujan*, such an interest is not sufficient on its own to establish a concrete and particularized injury.
- Standing is not measured by the intensity of a litigant's interest or their "special interest in the subject," meaning Hoagland's architectural expertise does not create standing under *Valley Forge* and *Lujan*.
- The government demonstrated irreparable harm through declarations from officials (including the DNI, CIA, and FBI) stating that the ballroom's mass is "crucial" to shield an underground military installation from "kinetic impacts."
- Applying the test from *Winter v. Natural Resources Defense Council, Inc.*, the Court found that national security and operational harms substantially outweigh the respondent's asserted aesthetic injuries.
Separate opinions
ROBERTS, dissenting, joined by SOTOMAYOR, KAGAN, and JACKSON
- Argues construction is likely unlawful under 40 U.S.C. § 8106, which prohibits building on federal park grounds in D.C. without "express authority of Congress."
- Contends that Hoagland's aesthetic injury is concrete and particularized, arguing that the desire to view a historic building is analogous to the "purely esthetic purposes" recognized in *Lujan v. Defenders of Wildlife* and *Summers v. Earth Island Institute*.