Park Advocates File Amicus Brief to Protect Historic Battlefield

Washington, DC – Today, 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, accompanied by a motion for leave to file such brief, in a pivotal legal challenge intended to protect Wilderness Battlefield, an area of Fredericksburg & Spotsylvania National Military Park from intense industrial development.

This amicus brief was prepared and submitted by the Duke Environmental Law and Policy Clinic on behalf of amici. It can be viewed here.

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. This is just one of many instances in which Virginia national parks have been threatened by irresponsible, poorly-sited proposed development projects in recent years.

In today’s amicus brief 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 critical information about the precious history at Wilderness Battlefield and the risks of proposed development to the park’s natural and cultural resources. These three organizations stand united in opposition to Wilderness Crossing and its rushed and flawed review process.

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, National Parks Conservation Association 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 concluded.

“Protecting our country’s historic places is critical to understanding and connecting with our past,” said Phil Francis, Chair of the Coalition to Protect America’s National Parks. “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.”

“The National Trust for Historic Preservation included the Wilderness Battlefield on our 2024 list of America’s 11 Most Endangered Historic Places, because the Wilderness Crossing plan as approved would allow intensive development on land where soldiers fought and died.” said Elizabeth Merritt, National Trust for Historic Preservation Deputy General Counsel.

“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.” Merritt finished.

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About the National Parks Conservation Association: Since 1919, the nonpartisan National Parks Conservation Association has been the leading voice in safeguarding our national parks. NPCA and its nearly 1.6 million members and supporters work together to protect and preserve our nation’s most iconic and inspirational places for future generations. For more information, visit [www.npca.org](www.npca.org).

About the Coalition to Protect America’s National Parks: The Coalition to Protect America’s National Parks represents over 3,200 current, former, and retired employees and volunteers of the National Park Service. Recognized as the Voices of Experience, the Coalition educates, speaks, and acts for the preservation and protection of the National Park System, and mission-related programs of the National Park Service. More information can be found at www.protectnps.org

About The National Trust for Historic Preservation: The National Trust for Historic Preservation is a privately funded nonprofit organization dedicated to helping communities maintain and enhance the power of historic places. Chartered by Congress in 1949 and supported by partners, friends, and champions nationwide, we help preserve the places and stories that make communities unique. Through the stewardship and revitalization of historic sites, we help communities foster economic growth, create healthier environments, and build a stronger, shared sense of civic duty and belonging. For more information, visit: www.savingplaces.org.

About the Duke Environmental Law and Policy Clinic: The Environmental Law and Policy Clinic trains the next generation of leaders to solve environmental problems and provides access to justice in underserved communities. The clinic is a joint venture of Duke Law and the Nicholas School of the Environment. For more information, visit www.law.duke.edu/envlawpolicy.