CONCORD, N.H. — Efforts to protect the Derry Rail Trail and the historic Manchester & Lawrence Railroad corridor received a major boost on July 1, when a federal judge ruled in favor of local advocacy groups in their lawsuit against the New Hampshire Department of Transportation (NHDOT) and the Federal Highway Administration (FHWA). The dispute stemmed from plans related to the Exit 4A expansion of Interstate 93 in Derry, which posed significant risks to the integrity of the historic district.
The litigation, initiated in August 2024, focused on a controversial design alteration approved by the NHDOT and FHWA. This modification eliminated a previously approved tunnel intended to safeguard the historic railroad right-of-way, replacing it instead with steep inclines and a crosswalk that would intersect six lanes of traffic. This design change was seen as a threat not only to the historical significance of the area but also to the safety of future trail users.
U.S. District Judge Paul J. Barbadoro affirmed the advocates’ claims, stating that construction should not proceed in ways that would hinder plans that included the originally proposed tunnel. This tunnel was integral for the preservation of the historic corridor and for future enhancements to the Derry Rail Trail.
“This decision marks a pivotal moment,” said Dave Topham, president of the New Hampshire Rail Trails Coalition. He emphasized that the ruling underscores the failures of NHDOT and FHWA to uphold federal regulations when they deviated from initial designs that included the underpass. According to Topham, a lack of engagement with tunnel supporters led to unnecessary complications and costs.
The court’s ruling has been welcomed by community members and advocates alike. Alex Vogt, a retired NHDOT engineer, noted that the new design would have compromised both the historical rail corridor and safety for trail users and road traffic. Vogt expressed optimism about collaborating with NHDOT to pursue a plan that properly incorporates the tunnel.
In the wake of the court’s decision, the Committee to Save the Derry Rail Trail Tunnel aims to work closely with NHDOT. Their goal is to revert to the original design, which features an underpass that would minimize disruptions to the historic corridor and enhance safety for the expected influx of trail users.
The judge’s ruling also highlighted serious concerns regarding FHWA’s alternative design, referred to as the “spaghetti loop,” which the court found to conflict with the protections outlined in federal regulations such as Section 4(f). This law prevents federal funds from being allocated to projects that threaten historic sites unless there are no viable alternatives. The court determined that FHWA and NHDOT failed to adequately address whether the new design minimized harm comparably to the original plans.
Ryan Chao, president of the Rails to Trails Conservancy, praised the court’s decision as a significant victory for rail-trail initiatives across the nation. He reaffirmed the importance of preserving historical assets and ensuring safe community spaces for outdoor activities.
The Committee to Save the Derry Rail Trail Tunnel consists of devoted cycling advocates and experienced cyclists who are committed to safeguarding the interests of trail users and preserving historic rail corridors. Rails to Trails Conservancy, a leading organization in trail advocacy with over a million members, supports their mission to create safe, accessible spaces for walking and biking.
The Committee and the Conservancy are being represented in this legal battle by WilmerHale, an international law firm known for its expertise in navigating complex legal matters.
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