Buffalo, N.Y. – A recent ruling has halted the New York State Department of Transportation’s (NYSDOT) plans for the $1.5 billion Kensington Expressway project. The New York Civil Liberties Union, alongside Citizens for Regional Transit and the Western New York Youth Climate Council, successfully challenged the project’s environmental clearance.
The lawsuit, presided over by Judge Emilio Colaiacovo, concluded that the negative declaration issued by the NYSDOT—claiming the project would not have adverse environmental effects—was invalid. The court has mandated further environmental studies.
Lanessa Owens-Chaplin, director of the Racial Justice Center at the NYCLU, expressed satisfaction with the court’s decision. She highlighted that the planned project was projected to increase local air pollution by 6%, exacerbating conditions in an area already plagued by poor air quality.
The NYSDOT, restricted in discussing ongoing litigation, stated only that it is evaluating its next steps in the project’s development.
This setback for NYSDOT follows another recent court decision that stalled its cap-and-tunnel proposal for the same expressway until a comprehensive Environmental Impact Statement is completed. “This ruling reinforces the court’s stance on these environmental issues,” Owens-Chaplin remarked, considering it a significant victory.
The court’s decision against the NYSDOT was officially recorded by the state supreme court on a recent Thursday afternoon. The transportation department now has 30 days to appeal the decision or commence with the Environmental Impact Statement process.
This case is a pivotal moment that emphasizes the growing judicial oversight and community involvement in urban infrastructure projects, especially those potentially impacting environmental and public health. The outcome could set a precedent for how similar projects are approached nationwide, ensuring more rigorous environmental scrutiny and public input.
As the community awaits NYSDOT’s response and potential adjustments to their project plans, the case may spur further discussions about urban planning, environmental justice, and sustainable development in Buffalo and beyond.
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