A side-by-side example of the 2020 plan and the 2024 plan for the Derry rail trail – Courtesy of Committee to Save the Derry Rail Trail Tunnel
Derry Rail Trail Tunnel Lawsuit, Project 13065-B
The Federal court case that the Committee to Save the Derry Rail Trail Tunnel (CSDRTT) launched in November 2024 against NHDOT and FHWA is on-track with a huge amount of work being done by WilmerHale, the Boston law firm at the request of bike / rail trail advocates far and wide. Multiple NH groups and the Rails-to-Trails Conservancy are pushing hard to have the tunnel plan restored for the new Route 93 Exit 4-A rail trail crossing.
As the Federal judge requested in November and per the agreed-upon timeline, the formal “Administrative Record” of the project was received on February 20 from FHWA. All documentation including engineering plans, design specs, meeting notes and emails going back to 2020 are to be reviewed by the judge over the next three months. Why so long? Pending review are 2,255 PDF files consisting of 29,158 pages! Just the cost of the attorney’s labor and research on both sides would have already paid for the tunnel several times over!
Meanwhile, general work is proceeding on the project but nothing will be done to preclude the restoration of the tunnel plan until at least June after the judge makes his decision. The key legal factor is our belief the Federal “4f” rule for historic property preservation is being violated while obviously rail trail user safety and the purpose of the rail trail are the primary concerns for us advocates and the public in general. Stay tuned as the legal process continues.