Tunnel not an option for Rimrose Valley in Merseyside
Protests have already taken place over the plans to build a dual carriageway through Rimrose Valley, a country park in Merseyside.
Highways England says the 250 million pound road would link the Port of Liverpool to the motorway. But campaigners say it's taking away "valuable" green space.
Sefton Council challenged Highways England to include a tunnel as part of the options for consultation but the application was dismissed.
The judge was clear in his statement that the budget for the scheme was a political decision and not a decision for the courts.
Sefton Council say it will appeal the decision.