BUFFALO, N.Y. — The New York State Department of Transportation has formally responded to lawsuits filed in Erie County Supreme Court over the proposed Kensington Expressway project.
In the documents filed with the court on Tuesday, the NYSDOT says it followed all the proper guidelines and environmental reviews for the $1 billion plan to cap and tunnel 4,100 feet of the Kensington Expressway.
The DOT also believes, according to their filing, that it did not violate any environmental laws when they bypassed an Environmental Impact Statement (EIS) for the project.
"They're saying that this is not going to enhance gas emissions, to the effect that it will be detrimental to the targeted goals we have in New York State in 2030, and 2050," said legal analyst Barry Covert.
The 65-page memorandum of law in opposition filed by the NYSDOT asks Judge Emilio Colaiacovo to dismiss the lawsuits.
The lawsuits were filed by several organizations and East Side residents who live near the Kensington Expressway.
One of the examples outlined in the NYSDOT's response to the lawsuit as a reason no additional environmental reviews are needed is the new Bills Stadium. An EIS was not required for that project because it was determined that a stadium would not have a significant impact on the environment.
The NYSDOT argues that their cap and tunnel plan, of which 50,000-70,000 vehicles would use daily, also did not have a significant impact on the environment.
According to the Draft Design Report/Environmental Assessment issued for the project in September 2023, there would be increased pollution levels at each end of the tunnel.
"New York State intentionally put into effect into legislation, very complicated laws that are meant to protect our environment," Covert said. "If we're going to have those very complicated laws, you're going to have challenges to whether projects meet those complicated laws, because those laws are put in there for the quality of life, the air quality, water quality in your neighborhood."
The project, which has garnered supporters and detractors within the community, is aimed to restore part of the Humboldt Parkway that was removed when the expressway was built.
But political support for the project may be waning in Albany.
Multiple sources have told 2 On Your Side reporters that elected officials are quietly distancing themselves from the project. The main concern is the growing number of lawsuits over the project and growing community backlash over the plan.
Gov. Kathy Hochul held a large announcement for the project in February, where hundreds of people turned out to show support. Dozens of people opposing the project protested outside as the event took place.
2 On Your Side reached out to the NYSDOT for a project update on Sept. 3, a spokesperson provided the following:
"The New York State Department of Transportation continues to advance the Kensington Expressway Project and looks forward to breaking ground later this year. NYSDOT is committed to continuing to engage with the community as we progress this transformative project and we will keep the public apprised of further developments."
WGRZ also reached out to the NYSDOT on Aug. 9 for a project update and the same statement was provided.