Trump's arch clears another hurdle, setting up a big debate: Do height limits apply?
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The Interior Department now argues that federal buildings are exempt from the Height of Buildings Act in part because of the exemption that appeared in the 1899 version of the law. Bronin is skeptical of that argument.

She says the nature of the back-and-forth between the two federal agencies "suggests that this may be a matter that will show up at some point in court."

What this could mean for the arch

The commission has a recommendation for how the arch could comply with height restrictions without losing any inches.

In its report prepared for Thursday, the commission says architects would simply need to redistribute the height of the statue, citing a 2014 tweak to the law that allows a "20-foot habitable penthouse" to exceed the height limit under certain conditions.

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