Case: Cultural Landscape Foundation v. Department of the Interior

1:26-cv-01593 | U.S. District Court for the District of District of Columbia

Filed Date: May 11, 2026

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.)

On May 11, 2026, Plaintiffs - a nonprofit educational organization aimed at promoting informed stewardship of historic designed landscapes - filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of the Interior and the National Park Service. Plaintiffs sought to enjoin Defendants from refinishing the National Mall's iconic reflecting pool from grey tiling to swimming pool blue leading up to the United States' 250th anniversary. Filing under the Administrative Procedure Act, the complaint asked that the court set aside any agency approval of the resurfacing and enjoin Defendants from continuing the project until Plaintiffs have been allowed to engage in Section 106 consultation.

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73321580/parties/cultural-landscape-foundation-v-us-department-of-the-interior/


Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Kristofcak, Alexander (District of Columbia)

Mead, Joseph Wilfred (District of Columbia)

Zelinsky, Nathaniel Avi (District of Columbia)

Attorney for Defendant

Heise, John Karl (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01593

Complaint

The Cultural Landscape Foundation v. U.S. Department of the Interior et al.

May 11, 2026

May 11, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73321580/cultural-landscape-foundation-v-us-department-of-the-interior/

Last updated July 28, 2026, 3:10 p.m.

ECF Number Date Description Link
1 May 11, 2026

COMPLAINT against JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR ( Filing fee $ 405 receipt number ADCDC-12412240) filed by THE CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOI, # 3 Summons Burgum, # 4 Summons NPS, # 5 Summons Bowron, # 6 Summons USAO-DC, # 7 Summons DOJ)(Kristofcak, Alexander) (Attachment 1 replaced on 5/11/2026) (znmw). (Entered: 05/11/2026)

1 Civil Cover Sheet

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2 Summons DOI

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3 Summons Burgum

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4 Summons NPS

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5 Summons Bowron

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6 Summons USAO-DC

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7 Summons DOJ

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Clearinghouse
2 May 11, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION to Stay Pursuant to Section 705 by CHARLES A. BIRNBAUM, THE CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Declaration of Charles A. Birnbaum, # 2 Exhibit A: April 27, 2026, email from Wennerstrom to Stidham, # 3 Exhibit B: May 5, 2026, email from Wennerstrom to Stidham, # 4 Exhibit C: May 7-8, 2026, email exchange between Wennerstrom and Loichinger, # 5 Declaration of James Garland)(Kristofcak, Alexander) (Entered: 05/11/2026)

1 Declaration of Charles A. Birnbaum

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2 Exhibit A: April 27, 2026, email from Wennerstrom to Stidham

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3 Exhibit B: May 5, 2026, email from Wennerstrom to Stidham

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4 Exhibit C: May 7-8, 2026, email exchange between Wennerstrom and Loichinger

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5 Declaration of James Garland

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RECAP
3 May 11, 2026

REQUEST FOR SUMMONS TO ISSUE as to Jessica Bowron filed by THE CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM.(Kristofcak, Alexander) (Entered: 05/11/2026)

RECAP
4 May 11, 2026

NOTICE of Appearance by Joseph Wilfred Mead on behalf of All Plaintiffs (Mead, Joseph) (Entered: 05/11/2026)

RECAP
5 May 11, 2026

NOTICE of Appearance by Alexander Kristofcak on behalf of CHARLES A. BIRNBAUM, THE CULTURAL LANDSCAPE FOUNDATION (Kristofcak, Alexander) (Entered: 05/11/2026)

RECAP
6 May 11, 2026

SUMMONS (2) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/11/2026)

RECAP
7 May 11, 2026

CERTIFICATE OF SERVICE by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 1 Complaint, 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 and Notice of TRO to Opposing Party. (Kristofcak, Alexander) (Entered: 05/11/2026)

RECAP
8 May 11, 2026

NOTICE of Appearance by John Karl Heise on behalf of All Defendants (Heise, John) (Entered: 05/11/2026)

RECAP
May 11, 2026

Case Assigned/Reassigned

May 11, 2026

~Util - Set/Reset Deadlines

May 11, 2026

Set Deadlines

May 11, 2026

Case Assigned to Judge Carl J. Nichols. (znmw)

May 11, 2026

MINUTE ORDER. In light of Plaintiffs' 2 Motion for Temporary Restraining Order, it is hereby ORDERED that by 5:00 pm EDT on May 12, 2026, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for the 2 Motion; (2) a statement addressing whether a hearing on the 2 Motion is necessary, and if so, a proposed date and time for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between affiants. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Plaintiffs shall notify counsel for Defendants of the contents of this Minute Order. So ORDERED by Judge Carl J. Nichols on 5/11/2026. (lccjn1)

9 May 12, 2026

NOTICE of Appearance by Nathaniel Avi Gideon Zelinsky on behalf of All Plaintiffs (Zelinsky, Nathaniel) (Entered: 05/12/2026)

RECAP
May 12, 2026

Set Deadlines/Hearings

May 12, 2026

MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that Defendants file their response to Plaintiffs' Motion for a Temporary Restraining Order, Preliminary Injunction, and/or Stay of Agency Action on or before May 18, 2026; Plaintiffs file their reply (if any) on or before May 19, 2026; and the parties appear for an in-person hearing on May 21, 2026, at 2:00 PM in Courtroom 17. So ORDERED by Judge Carl J. Nichols on 5/12/2026. (lccjn1)

11 May 14, 2026

STANDING ORDER. Signed by Judge Carl J. Nichols on 5/14/2026. (lccjn1) (Entered: 05/14/2026)

RECAP
12 May 18, 2026

RESPONSE re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 filed by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration of Dr. Kevin Greiss, # 2 Exhibit A to Greiss Declaration (Pt. 1/2), # 3 Exhibit A to Greiss Declaration (Pt. 2/2), # 4 Exhibit B to Greiss Declaration (Pt. 1/2), # 5 Exhibit B to Greiss Declaration (Pt. 2/2), # 6 Exhibit C to Greiss Declaration, # 7 Exhibit D to Greiss Declaration, # 8 Exhibit E to Greiss Declaration, # 9 Exhibit F to Greiss Declaration, # 10 Exhibit G to Greiss Declaration, # 11 Exhibit H to Greiss Declaration, # 12 Exhibit I to Greiss Declaration, # 13 Exhibit J to Greiss Declaration, # 14 Exhibit K to Greiss Declaration, # 15 Exhibit L to Greiss Declaration, # 16 Text of Proposed Order)(Heise, John) (Entered: 05/18/2026)

1 Declaration of Dr. Kevin Greiss

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2 Exhibit A to Greiss Declaration (Pt. 1/2)

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3 Exhibit A to Greiss Declaration (Pt. 2/2)

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4 Exhibit B to Greiss Declaration (Pt. 1/2)

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5 Exhibit B to Greiss Declaration (Pt. 2/2)

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6 Exhibit C to Greiss Declaration

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7 Exhibit D to Greiss Declaration

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8 Exhibit E to Greiss Declaration

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9 Exhibit F to Greiss Declaration

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10 Exhibit G to Greiss Declaration

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11 Exhibit H to Greiss Declaration

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12 Exhibit I to Greiss Declaration

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13 Exhibit J to Greiss Declaration

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14 Exhibit K to Greiss Declaration

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15 Exhibit L to Greiss Declaration

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16 Text of Proposed Order

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RECAP
13 May 19, 2026

REPLY to opposition to motion re 2 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion to Stay,, filed by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Declaration Birnbaum Supplemental, # 2 Exhibit D: Reflecting Pool Repairs Appear Uneven and Behind Schedule, Officials Say - The New York Times, # 3 Exhibit E: Photos)(Kristofcak, Alexander) (Entered: 05/19/2026)

1 Declaration Birnbaum Supplemental

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2 Exhibit D: Reflecting Pool Repairs Appear Uneven and Behind Schedule, Officials

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3 Exhibit E: Photos

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RECAP
14 May 20, 2026

CERTIFICATE OF SERVICE by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 1 Complaint, . (Attachments: # 1 Exhibit 1: Certified Mail Receipts)(Kristofcak, Alexander) (Entered: 05/20/2026)

RECAP
15 May 20, 2026

Consent MOTION for Leave to File Amicus Brief in Support of Defendants and in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by LANCE GOODEN. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(King, Kevin) (Entered: 05/20/2026)

RECAP
16 May 21, 2026

NOTICE of Appearance by Marissa Ann Piropato on behalf of All Defendants (Piropato, Marissa) (Entered: 05/21/2026)

RECAP
May 21, 2026

Motion Hearing

May 21, 2026

Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 5/21/2026 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705. Motion Taken Under Advisement. Further Order and Memorandum Opinion to be issued by the Court. Court Reporter: Bryan Wayne. (zcam)

17 May 26, 2026

AMICUS BRIEF by LANCE GOODEN. (znmw) (Entered: 05/27/2026)

RECAP
May 26, 2026

Order on Motion for Leave to File Amicus Brief

May 26, 2026

MINUTE ORDER. It is hereby ORDERED that U.S. Representative Lance Gooden's 15 Consent Motion for Leave to File Brief as Amicus Curiae is GRANTED. The clerk of court shall docket Representative Gooden's amicus brief. So ORDERED by Judge Carl J. Nichols on 5/26/2026. (lccjn1)

18 June 3, 2026

NOTICE by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR (Heise, John) (Entered: 06/03/2026)

RECAP
19 June 10, 2026

NOTICE OF WITHDRAWAL OF MOTION by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay Pursuant to Section 705 (Kristofcak, Alexander) (Entered: 06/10/2026)

RECAP
June 15, 2026

~Util - Set/Reset Deadlines

June 15, 2026

MINUTE ORDER. In light of Plaintiffs' withdrawal of their motion for emergency relief, it is hereby ORDERED that the parties shall meet and confer and file a joint status report on or before June 17, 2026, proposing a schedule for further proceedings. So ORDERED by Judge Carl J. Nichols on 6/15/2026. (lccjn1)

20 June 17, 2026

Joint STATUS REPORT by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Heise, John) (Entered: 06/17/2026)

RECAP
21 June 22, 2026

NOTICE re: Recent Developments by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION re 20 Status Report (Kristofcak, Alexander) (Entered: 06/22/2026)

RECAP
June 22, 2026

~Util - Set/Reset Deadlines

June 22, 2026

MINUTE ORDER. Upon consideration of Plaintiffs' 21 Supplemental Notice, the Court hereby ORDERS that Defendants shall file a response on or before June 24, 2026. So ORDERED by Judge Carl J. Nichols on 6/22/2026. (lccjn1)

22 June 24, 2026

RESPONSE (Response to Plaintiffs' Supplemental Notice) by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR re 21 Notice (Other) (Attachments: # 1 Declaration of Frank Lands)(Heise, John) Modified event on 6/25/2026 (znmw). (Entered: 06/24/2026)

1 Declaration of Frank Lands

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RECAP
June 29, 2026

~Util - Set/Reset Deadlines

June 29, 2026

MINUTE ORDER. Upon consideration of the 20 Joint Status Report, the Court hereby ORDERS the following schedule: Plaintiffs shall file an amended complaint, if any, on or before July 2, 2026; Defendants shall file their Motion to Dismiss on or before July 17, 2026; Plaintiffs shall file their response to Defendants' Motion to Dismiss on or before July 31, 2026; and Defendants shall file their reply on or before August 7, 2026. So ORDERED by Judge Carl J. Nichols on 6/29/2026. (lccjn1)

23 July 2, 2026

AMENDED COMPLAINT against JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR filed by CULTURAL LANDSCAPE FOUNDATION, CHARLES A. BIRNBAUM. (Attachments: # 1 Exhibit Redline against original complaint)(Kristofcak, Alexander) (Entered: 07/02/2026)

1 Exhibit Redline against original complaint

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RECAP
24 July 16, 2026

MOTION for Discovery Limited Expedited Discovery to Preserve Evidence by CHARLES A. BIRNBAUM, CULTURAL LANDSCAPE FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Mead, Joseph) (Entered: 07/16/2026)

1 Text of Proposed Order

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RECAP
25 July 17, 2026

MOTION to Dismiss for Lack of Jurisdiction by JESSICA BOWRON, DOUG BURGUM, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Heise, John) (Entered: 07/17/2026)

1 Exhibit

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2 Exhibit

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3 Text of Proposed Order

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RECAP

Case Details

State / Territory:

District of Columbia

Key Dates

Filing Date: May 11, 2026

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-01593

Recommended Citation