Court Rules in Favor of Rail Trail Supporters in Dispute Regarding New Hampshire Historical Site
In a significant victory for rail trail advocates, the Derry Rail Trail Tunnel was saved from being bypassed in favour of an alternative route, as a result of a legal ruling handed down by U.S. District Court Judge Paul Barbadoro on July 1, 2025.
The decision, which prevents the state of New Hampshire from pursuing alternative routes that would bypass extending the rail trail under a new six-lane road connected to Interstate 93 Exit 4A in north Derry, marks the first time a court has applied laws protecting natural and historic resources specifically to a rail trail. This could set an important legal precedent nationally.
Andrea Ferster, co-counsel for WilmerHale, stated that the underpass would maintain the continuity of the historical railroad corridor. The original tunnel design was deemed necessary by the judge to comply with federal law, as the new design violated historic preservation protections provided by federal law.
Counsel Chaz Kelsh, who led the WilmerHale team, argued the case before the judge and stated that the ruling affirmed the point that the tunnel is required for the project to comply with federal law. The judge's ruling inferred that the new design violated Section 4(f) of federal law, which forbids using federal funds for transportation projects that will damage parks or historic sites unless there are no feasible alternatives and the project takes all reasonable measures to minimize harm to the site.
The lawsuit was filed against the Federal Highway Administration (FHWA) and the New Hampshire Department of Transportation (NHDOT) in August 2024, due to the approval of a design change that removed a previously approved tunnel. The Derry Rail Trail is part of the historic Manchester & Lawrence Railroad corridor, carved through granite in 1849 by Irish laborers using hand tools and blasting powder.
The new design would result in steep approaches, an at-grade crosswalk across six lanes of traffic, and a circuitous route deviating from the historic Manchester & Lawrence Railroad corridor. RTC joined the lawsuit due to the potential to set a precedent, according to Ferster. Ryan Chao, president of RTC, stated that the court's decision is an important victory for rail trails across the country.
The state transportation department had not yet indicated any intent to appeal the decision as of the latest update. The WilmerHale team, led by Chaz Kelsh, consisted of Cynthia D. Vreeland, H. David Gold, John F. Saylor, Alex Daniel, Kaylee Y. Ding, and MacLean Kirk. The court's decision underscores the importance of ensuring that transportation projects are designed in ways that minimize harm to historic places and trails.
On June 30, 20XX, a federal judge ruled in favour of the Committee to Save the Derry Rail Trail Tunnel and Rails to Trails Conservancy in a lawsuit seeking to protect New Hampshire's Manchester & Lawrence Railroad Historic District and the Derry Rail Trail. The judge issued an injunction preventing defendants NHDOT and FHWA from performing construction that would hinder the completion of the original tunnel design. Overall, the court sided with rail trail advocates, requiring the state to allow the rail trail extension under the new road, supporting historic preservation and continuity of the rail corridor, while the safety issues remain a concern for some stakeholders.
The legal ruling favoring the Committee to Save the Derry Rail Trail Tunnel may have significant implications for the finance sector, as it could potentially influence the allocation of funds for transportation projects that involve historic sites and trails, such as the environmental-science projects in the rail trail industry. This decision might further encourage the transportation industry to consider and implement designs that uphold historical preservation, thus promoting a more sustainable and responsible approach.
