Protecting the EEOB

Cultural Heritage Partners, PLLC et. al. v. Trump et. al.

The Latest 

Last night, Plaintiffs in the lawsuit seeking to halt the President’s plans to abrade and paint the Eisenhower Executive Office Building (EEOB) filed the final briefing papers ordered by U.S. District Judge Dabney Friedrich before a hearing on December 8. 

See below for the entire filing, including the full 25-page Reply and exhibits. For a concise summary read the introduction of the Plaintiffs’ Reply 

Here are the top three takeaways from Plantiffs’ Reply

1.) America’s Top Experts Step to the Plate 

Twenty-five (25) of the Nation’s leading experts in the fields of historic preservation, preservation law, architecture, and stone building conservation have stepped forward to offer their sworn testimony to the court. Collectively they affirm: 

• Alterations to the EEOB are fully subject to the legal requirements of the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA); 

• • Defendants assert the building is exempt and the President can do whatever he wants.  

• Defendant General Services Administration (GSA) should have initiated NHPA and NEPA processes as soon as it became aware of the President’s plan, and its delay is injuring the public now by keeping them in the dark; and 

• • GSA has said it won’t paint before March 1, 2026, but the President has refused to confirm he will honor that commitment, and GSA has refused to commit to starting any legal review processes in the interim, or at all.  

• Painting the EEOB will result in permanent, irreparable harm to the building, because abrading the stone to hold paint is irreversible; paint traps moisture which leads to failure of stone, mortar, and slate; and maintenance and repair costs skyrocket. 
  • Defendants have offered no contrary expert evidence, and GSA’s own guidelines say not to paint granite and slate buildings.  

2.) Experts Say Maintenance of a Painted EEOB Will Be Taxpayers’ Nightmare 

• It may cost $20M or more each time the EEOB requires repainting, and repainting may be needed every 2–4 years. Unpainted granite can last thousands of years without such costs. This would make the EEOB one of the most expensive resources to maintain of the 8,500 resources in GSA’s portfolio. This painting schedule would mean there will never not be scaffolding and painting underway. The materials used for the exterior of the EEOB have performed well for more than 150 years unpainted. 

• Once painted, removal of the paint would not only be costly but would further damage the surface of the historic mortar, granite, and slate due to the manual scraping, chemicals, and high-pressure water required. 

3.) Plaintiffs and Experts Offer to Help the President 

Plaintiffs’ filing state that Plaintiffs and an array of top experts stand ready to assist the President in achieving much of his goal of making the exterior appearance of the EEOB cleaner and brighter—by identifying and adopting appropriate methods that do not permanently harm its exterior and the strength of its materials.  

• Read the declarations of Plaintiffs and lead counsel Greg Werkheiser and Marion Werkheiser (which contains a list of experts and their credentials). 

• Read the declaration of Mydelle Wright, a former White House and GSA staffer with 32 years of experience, who for 18 years until her retirement in 2024 was a leader of the stewardship, restoration, and management of the EEOB, and who literally wrote a book on the building. 

• Read the declaration of John Fowler, who for 49 years served on the Advisory Council on Historic Preservation, the federal agency that advises the President and Congress on historic preservation, including as general counsel and executive director. 

At all experts’ request, please direct any questions through legal counsel: info@culturalheritagepartners.com. Note: some experts have asked to provide testimony under seal because of rational fears of professional reprisal for speaking up.