US judge refuses to stay East Potomac tree-removal injunction pending appeal

WASHINGTON, Nov. 9 — A U.S. federal judge on Nov. 9 denied the government's motion to stay, pending appeal, a preliminary injunction that bars further tree removal at the East Potomac Golf Course, keeping the ban on cutting trees in place.

U.S. District Judge Ana C. Reyes wrote in a memorandum opinion and order in Case No. 1:26-cv-477-ACR that the Department of the Interior (DOI) and the National Park Service had removed hundreds of healthy, mature trees to carry out a plan to replace the historic course. The removal bypassed the National Environmental Policy Act, the judge wrote.

The government filed its stay motion on Oct. 29. According to the opinion, the government argued that tree removal and course redesign were independent activities and complained of "intrusive judicial oversight."

The court said that on Oct. 30 DOI submitted a "Concept Proposal for East Potomac Golf Links" to the National Capital Planning Commission. The proposal would replace the current course with "a championship course concept by Fazio Design," the opinion said.

"But there is plenty to see," Reyes wrote, rejecting the government's position that the work was routine golf maintenance.

The court said it had accepted unopposed changes in an amended order. The order narrows the injunction to East Potomac Park southeast of Buckeye Drive SW. It also strikes the requirement that the government tell the court when any person seeks changes to the park, according to the opinion.

The opinion said the government told the court on Oct. 28 that DOI planned to close the course on Nov. 15.

The court entered the preliminary injunction on Oct. 26.