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Park Advocacy Groups Join Legal Battle To Protect Wilderness Battlefield

By

Kurt Repanshek

Published Date

February 24, 2025

Three advocacy groups are joining the battle to prevent a massive development from going in next to The Wilderness Battlefield at Fredericksburg and Spotsylvania National Military Park/American Battlefield Trust, Lori Coleman

More than 160 years after blood was spilled at the Battle of Fredericksburg during the Civil War, another battle is ramping up to prevent the hallowed grounds at Fredericksburg and Spotsylvania National Military Park from being sullied by a massive development that would overshadow the Wilderness Battlefield with residential and commercial development, including a massive data processing center. 

Last May the battlefield was named one of the 11 most endangered historic places in the United States by the National Trust For Historic Preservation, which warned that "[P]roposed large new developments, including millions of square feet of industrial data and distribution centers and thousands of homes, may negatively impact important historic sites and landscapes and degrade the visitor experience."

According to the Trust, while the Fredericksburg and Spotsylvania National Military Park protects most of the battlefield's significant sites, "new developments have the potential to negatively impact important historic landscapes. In 2023, Orange County approved rezoning over 2,600 acres, some located within the historic battlefield boundaries, for the 'Wilderness Crossing' development.

As approved, the project could include millions of square feet of data centers and distribution warehouses, commercial space, thousands of homes, and road construction on previously undeveloped land where soldiers fought and died.

The Battle of the Wilderness was fought May 5-7, 1864, and marked the first stage of a major Union offensive toward the Confederate capital of Richmond.

This past Friday the National Parks Conservation Association (NPCA), the National Trust for Historic Preservation, and Coalition to Protect America’s National Parks filed a joint amicus brief (attached below), accompanied by a motion for leave to file such brief, to support the American Battlefield Trust's legal challenge intended to protect Wilderness Battlefield. 

In 2023, American Battlefield Trust filed suit against the Board of Supervisors for Orange County, Virginia and Orange County, Virginia, citing fundamental flaws in a county rezoning vote that could fast-track development of the controversial Wilderness Crossing project.

Wilderness Crossing proposes setting aside massive tracts of land directly adjacent to Wilderness Battlefield for residential and commercial development, including large-scale data center development.  

In the amicus brief filed in American Battlefield Trust, et al. v. Board of Supervisors for Orange County, Virginia, et al., NPCA, the National Trust, and the Coalition to Protect America’s National Parks provide the Orange County Circuit Court with additional information about the history at Wilderness Battlefield and the risks of proposed development to the park’s natural and cultural resources. 

The amici write that Wilderness Crossing, “threatens to irrevocably damage the integrity of this site and undermine future visitors’ experiences — indeed, the very name of the development signifies its impact. Orange County, in approving the rezoning, is complicit in allowing the precious legacy of this Civil War site to deteriorate and vanish.”

“National park rangers work tirelessly to bring America’s complex, fascinating history to life for visitors from around the world. As the site of one of the most critical battles of the American Civil War, Wilderness Battlefield has so many lessons left to teach us. But those lessons are about war, loss, and reconciliation, not data centers,” said Kyle Hart, NPCA's Mid-Atlantic Program Manager.

“As national park advocates, we aim to protect Wilderness Battlefield as a place for solemn reflection rather than colossal construction. The proposed Wilderness Crossing project would cast a long shadow over this national park site, marring one of the few remaining reminders of our country’s not-so-distant past. They say that those who forget the past are doomed to repeat it. The National Parks Conservation Association is weighing in on this crucial litigation to ensure our country’s past is never forgotten," Hart added.

At the Coalition to Protect America's National Parks, Phil Francis said that, "[P]rotecting our country’s historic places is critical to understanding and connecting with our past. There are so many important historic and cultural sites in the National Park System, including Wilderness Battlefield. This landscape shaped the events and outcome of an important Civil War battle and is key to helping visitors connect to this significant moment in our nation’s history. Constructing a massive development on the doorstep of this hallowed and protected site is not only a threat to irreplaceable resources, it will cause irreparable harm to the visitor experience.”

Elizabeth Merritt, National Trust for Historic Preservation deputy general counsel, said her organization was joining the litigation because "the Wilderness Crossing plan as approved would allow intensive development on land where soldiers fought and died.” 

“The court should overturn the County’s decision because of significant procedural violations and the severe negative impacts to the historic landscapes of the Wilderness Battlefield area. We urge the County to develop an alternative consistent with the County’s Wilderness Battlefield Gateway Plan, so that visitors can continue to experience this intact landscape and learn from this difficult chapter in American history," she said.

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