VICTORY: Court Rules Lawsuit to Protect Wilderness Battlefield Can Proceed

ORANGE, Va. – This week, the Circuit Court for Orange County, Virginia partially denied a motion to dismiss litigation challenging the the local board of supervisors’ decision to rezone land critical to protecting Fredericksburg and Spotsylvania National Military Park. This will allow portions of the litigation to continue forward and ensure the fight to safeguard Wilderness Battlefield, a pivotal part of this national park site, can proceed.

The battlefield faces a significant threat from Wilderness Crossing, a massive commercial development project proposed for land adjacent to the park. That proposal includes, among other features of incompatible development, large-scale data centers.

In 2023, American Battlefield Trust, along with the Central Virginia Battlefield Trust, Inc., Friends of Wilderness Battlefield, and nearby homeowners, 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.

In February 2025, National Parks Conservation Association (NPCA), the National Trust for Historic Preservation, and Coalition to Protect America’s National Parks filed a joint amicus brief in this pivotal legal challenge intended to protect Wilderness Battlefield. The amici wrote 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.”

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

Wilderness Crossing proposes setting aside massive tracts of land directly adjacent to Wilderness Battlefield for residential and commercial development, including potentially 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.

“To everyone who bravely took a stand to protect Wilderness Battlefield from this ill-conceived, massively irresponsible data center development project, today’s victory happened because of you.“ said Kyle Hart, National Parks Conservation Association Mid-Atlantic Senior Program Manager.

“Today’s decision from the court deals a significant blow to an industrial development plan of unprecedented scale. Wilderness Crossing would have tremendous environmental and other consequences on this hallowed battlefield park. National parks like Fredericksburg and Spotsylvania National Military Park bring America’s complex, fascinating stories to life for visitors from around the world. Our parks are a testament to America’s commitment not to look away from mistakes or tragic periods of our history, but to come together to learn from them and create a better future.” Hart continued.

“Thanks to today’s ruling, we get another chance to save a pivotal Civil War battlefield preserved within our National Park System, home to some of America’s most impactful history, and keep it preserved and accessible for generations to come.” Hart concluded.

“Part of what makes our National Park System so special is that it protects not just natural resources but irreplaceable cultural resources as well. Today’s ruling is a win for both. The Wilderness Crossing proposal would have developed land right next to the historic Wilderness Battlefield - and included the construction of a resource-draining data center. This development would have destroyed the historic landscape and forever altered the visitor experience for those seeking to learn more about this important Civil War battle and its echoing impacts. We applaud the decision, which will help us in the fight protect America’s hallowed history and ensure that future generations can connect with and learn from the past,” said Emily Thompson, Executive Director of the Coalition to Protect America’s National Parks.

“We are pleased with yesterday’s ruling to allow the legal challenge to move forward,” said Betsy Merritt, Deputy General Counsel at the National Trust for Historic Preservation. “The Wilderness Battlefield was recognized as one of the 11 Most Endangered Historic Places by the National Trust in 2024—and we remain hopeful that the battlefield will be protected and preserved for the public.”

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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.

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.