Order barring tree removal at East Potomac Golf Links expires Monday as judge weighs injunction

By Ezra Whitfield

WASHINGTON — A federal court order that bars the government from cutting down more trees at East Potomac Golf Links is set to expire Monday, after U.S. District Judge Ana C. Reyes declined to extend it while she decides whether to grant a longer-lasting preliminary injunction.

In a minute order Thursday, Reyes denied a motion by the DC Preservation League and two individual plaintiffs to extend the temporary restraining order and to resume testimony from Gregory Wischer, a government witness. She denied the testimony request without prejudice, writing that the plaintiffs “may renew their Motion to Resume Testimony in advance of a permanent injunction hearing.”

Reyes did order the government “to ensure that Wischer has taken appropriate steps to preserve the contents of his personal phone.” She also widened an earlier instruction that he preserve text messages about the lawsuit, so that it now covers “any material concerning the East Potomac Golf Course and this litigation,” and wrote that “this order should be broadly construed.”

What the administration says

The Interior Department, the National Park Service, Interior Secretary Doug Burgum and Park Service official Jessica Bowron are the defendants. In an Oct. 16 brief opposing the injunction, government lawyers argued that “there is no final agency action” for the court to review and that “at most [] the President has given preliminary thought to” rebuilding the course, according to the docket.

Two days later, President Trump announced the plan on Truth Social. Reyes took judicial notice of the Oct. 18 post, in which the president said Interior, “in conjunction with famed Golf Course Architect, Tom Fazio, has developed a plan to build a World Class Championship Golf Course on the site of the current East Potomac Golf Links.” He said the course would be “open to the Public” and able to host events such as the U.S. Open and the Ryder Cup.

Trump called the existing course “old, broken, dilapidated, and of no further use or effect,” with “falling, dangerous, and disease infested trees and, importantly, a collapsing and hazardous seawall.” He wrote that “Restoration work will begin on the Fazio Design on November 15th, when the old Course will be closed to play,” and that the new course would open in about 15 months.

The same day, Reyes ordered the government to say by that evening whether it still held the position that there was no final agency action. She also denied the Justice Department’s motion to disqualify her, which The Inquisitor reported Tuesday.

What the restraining order does

Reyes granted the temporary restraining order on Oct. 13, finding that “on this limited record, Plaintiffs have demonstrated a likelihood of success on jurisdiction and on their NEPA claim,” a reference to the National Environmental Policy Act. The order says the government “may not fell any further trees on the East Potomac Golf Course through Monday, October 26, 2026.” Through the same date, it requires the government to give the court and the plaintiffs three business days’ written notice before “making any irreparable modification to any permanent form or feature” of the course.

Unless Reyes rules on the preliminary injunction first, both protections lapse after Monday. She heard the injunction motion at an evidentiary hearing that ended Oct. 19, with testimony from Wischer, Bowron and government declarant Kevin Griess, and took it under advisement, according to the docket.

Runners and cyclists weigh in

Outside groups have joined the fight. Reyes allowed Hains Point Runners and Cherry Blossom Inc. to file an amicus brief on Oct. 15. On Friday, the Washington Area Bicyclist Association asked permission to file a brief of its own. Hains Point, the peninsula that holds the course, is a popular loop for runners and riders.

The case, DC Preservation League v. Department of Interior (No. 1:26-cv-00477), was filed in February. It is also moving on a separate track: under a schedule Reyes set in September, the plaintiffs’ combined reply on their amended complaint and their response to the government’s summary-judgment motion are due Oct. 30, and the government’s reply is due Nov. 13. The plaintiffs’ lawyers include Will Bardwell and Norman Eisen.

The Inquisitor is seeking comment on the expiring order from the DC Preservation League and its counsel at Democracy Forward, the Washington Area Bicyclist Association, Cherry Blossom Inc. and National Links Trust. The government’s position is set out in its filings and testimony in the case.