Court Sides with Advocates for Derry Rail Trail Tunnel in Lawsuit Over Historic Rail Corridor
Complaint Cited New Hampshire Department of Transportation and Federal Highway Administration in Violation of Federal Regulations in Plans for Construction of Exit 4A I-93 Expansion
Concord, New Hampshire—The Committee to Save the Derry Rail Trail Tunnel and Rails to Trails Conservancy celebrated a victory today in response to their lawsuit against the New Hampshire Department of Transportation and the Federal Highway Administration challenging construction of Phase 2 of the Exit 4A I-93 expansion in Derry in order to protect the Manchester & Lawrence Railroad Historic District and the Derry Rail Trail.
The complaint, filed in August 2024, centered on a design change, proposed by NHDOT and approved by FHWA earlier that year, that removes a previously approved tunnel that would have protected the historic right-of-way from a six-lane exit road, replacing it with steep approaches, an at-grade crosswalk across six lanes of traffic, and a circuitous route that abandons the historic railroad corridor.
Ruling in the advocates’ favor, United States District Judge Paul J. Barbadoro “enjoin[ed] the defendants from performing construction in the immediate proximity of the Historic District that would in any way foreclose or substantially hinder the completion of the” original design, which included a tunnel to preserve the Manchester & Lawrence Railroad Historic District and allow further development of the Derry Rail Trail.
“This is an important turning point. The court’s decision validates the Committee’s concerns that NHDOT and FHWA violated federal law when they abandoned the original design plans for the expansion of Exit 4-A on I-93 that included the underpass. This has caused unnecessary delays and expenditures that could have been avoided if the agency had taken the time to engage with tunnel supporters. We’re looking forward to more intentional engagement as the updated designs for the corridor are pursued,” said Dave Topham, president of the New Hampshire Rail Trails Coalition and a member of the committee that brought the lawsuit.
“We are pleased that the court agrees the actions NHDOT and FHWA took were in direct violation of federal law. Their proposed design obliterated the historic rail corridor, while introducing unnecessary safety hazards to people who will use the trail and those on the road. As we work with NHDOT to pursue the common-sense approach that the underpass offers, the necessary engagement with concerned citizens can be ensured if a staff person at NHDOT competent in rail trail design is made responsible for the many rail trails the Department is involved with,” said Alex Vogt, a retired NHDOT engineer.
In response to the court’s decision, the Committee will seek to coordinate with NHDOT to implement the originally proposed design that includes an underpass in the project to allow for the planned expansion of the Derry Rail Trail through the Manchester & Lawrence Railroad Historic District. This decision prioritizes minimizing harm to the historic railroad corridor by providing a tunnel for the Derry Rail Trail along the corridor’s original alignment. This design also provides significant safety benefits to the many thousands of people who are expected to use the Derry Rail Trail.
“As NHDOT and FHWA take the next steps outlined by the court, the Committee looks forward to engaging directly with agency staff to ensure that the historic corridor is protected and safety is prioritized for everyone who uses the trail and the roadway. NHDOT has a policy requiring this outreach, which has never been followed, and the state’s Rail Trail Plan calls for a person at NHDOT to be responsible for the state’s rail-trails. Assigning this responsibility now will help to ensure that this project is implemented effectively and efficiently,” said Topham.
The Court held that FHWA’s “spaghetti loop” design violated historic preservation protections provided by federal law—specifically, Section 4(f), which forbids using federal funds for transportation projects that will damage parks or historic sites, unless there are no prudent and feasible alternatives that would avoid the historic site and the project includes all reasonable measures to minimize harm to the site. The court held that FHWA and NHDOT did not properly consider whether its new design minimized harm to the same extent as its original design plan, which advocates say will also improve the safety of the future rail-trail connection and create better trail system linkages.
“The court’s decision is an important victory for rail-trails across the country, underscoring the importance of ensuring that transportation projects are designed in ways that minimize harm to historic places and trails. Federal laws like Section 4(f) are important tools in the protection of many rail-trail corridors, which create access to safe spaces to walk, bike and be active for millions of Americans—preserving these historic assets as spaces that make it safer for people to get outside and get around their communities,” said Ryan Chao, president of RTC, the nation’s largest trails, walking and biking advocacy organization, and the foremost legal advocate for rail-trails in the U.S.
The Committee to Save the Derry Rail Trail Tunnel is a New Hampshire not-for-profit corporation comprised of experienced cycling advocates and cyclists from throughout New Hampshire who are concerned about the safety of rail-trail users and the preservation of historic railroad corridors.
Rails to Trails Conservancy is the nation’s largest trails advocacy organization—with a grassroots community more than 1 million strong—dedicated to building a nation connected by trails, reimagining public and historic spaces to create safe ways for everyone to walk, bike and be active outdoors.
The Committee and RTC are represented in the lawsuit by WilmerHale, an international law firm.
Committee to Save the Derry Rail Trail Tunnel Contact: Bob Spiegelman, 603.490.0012, robertspiegelman@comcast.net
Rails to Trails Conservancy Contact: Brandi Horton, 703.307.8891, brandi@railstotrails.org
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