BUFFALO, N.Y. — Attorney's for the East Side Parkways Coalition, the WNY Youth Climate Council, and residents who live in the neighborhoods near the Humboldt Parkway made their final arguments in the Kensington Expressway special proceedings on Monday morning in state supreme court.
Lawyers from the Attorney General's office that are representing the New York State Department of Labor also made their case before Judge Emilio Colaiacovo makes a decision in the matters.
The three separate proceedings were focused on whether or not the state violated public trust doctrine when the Kensington was first built, whether or not the state is violating the climate act by building infrastructure that will increase air pollution and greenhouse gases, and whether or not the DOT violated the State Environmental Quality Review Act by not conducting a thorough environmental impact statement (EIS).
During oral arguments on Monday, Judge Colaiacovo once again pressed attorney's for the NYSDOT about the department not conducting an EIS.
"You cant' build a Tim Hortons in Orchard Park without an EIS," Judge Colaiacovo said. "If the state has bothered to do the EIS from the beginning and came to the same conclusions petitioners who really have no argument, at least on that lawsuit itself.
On Friday, November 15th, Judge Colaiacovo issued a preliminary injunction in the matter involving the EIS, which means the NYSDOT cannot begin any work on the $1B cap and tunnel for the Kensington Expressway while legal proceedings are ongoing.
"The state, by not abiding by the requirements to do the EIS, caused this delay," Judge Colaiacovo said. "I can't imagine that the state didn't predict that there would be some court action to prevent those projects from going forward."
After hearing all parties on the numerous proceedings, Judge Colaiacovo reserved his decision on these matters for later date, stating that he has 60 days to issue his decision.