Infrastructure Minister Liz Kimmins has confirmed that the Department will appeal the A5 judgement received at the end of June.
The Minister, who made the announcement in Ballygawley alongside the A5 Enough is Enough campaign group, said she is "prepared to do everything within my power to save lives on this stretch of road."
Minister Kimmins said: "The people of this area have suffered enough and with them in mind we are lodging this appeal. This project has the backing of the Executive and the Irish Government. My officials have been working very hard to ensure that no stone is left unturned and that we submit a robust appeal to the court."
Welcoming the decision, Sinn Féin MP, Órfhlaith Begley, said: "The upgrade is crucial not only for saving lives but to boost trade and create jobs as well as reduce journey times. It will be a huge benefit not just for the West Tyrone constituency but for the wider north-west. The A5 remains a key project for Sinn Féin and we are committed to seeing this vital piece of infrastructure built."
However, SDLP West Tyrone MLA Daniel McCrossan said it was "deeply regrettable" that the Minister had left the announcement until the "very last minute."
Mr McCrossan expressed concern that the court's issues around climate targets, which had not been adequately addressed, could lead to a repeat of the court ruling. He said: "There can be no repeat of this incompetence during this appeal process. This must be the final delay."
Fermanagh and South Tyrone DUP MLA Deborah Erskine, Chair of the Assembly Infrastructure Committee, said the appeal was a "valid legal route to take, but one that will inevitably take time."
Ms Erskine also questioned how the appeal would address the climate targets referenced in the ruling: "Unless those parties act to resolve the consequences of their own policies, they risk holding up not just the A5 but a range of vital infrastructure projects across Northern Ireland."
She urged the Minister to also look at immediate safety measures for the road and how to deal with landowners impacted by the delays.
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