BUFFALO, N.Y. — A lawsuit filed in Erie County Supreme Court could force the New York State Department of Transportation to conduct an environmental impact statement (EIS) for their $1B Kensington Expressway project.
The Article 78 proceeding was filed by Humboldt Parkway residents Marcia Ladiana and Terrence Robinson. The lawsuit claims the NYSDOT is bypassing an EIS so it can quickly move forward with their plan to build a 4,100-foot tunnel between Best Street and Sydney Street.
The lawsuit asks a judge to step in and rule before the NYSDOT announces their final plan for the project, which the lawsuit claims will happen on Dec. 16.
The DOT previously stated that it would announce its final decision in mid-December, but that was before they extended the comment period for the project. Since that extension, there has been significant public pushback on the plan to cap and tunnel the Kensington Expressway. The DOT has since claimed that the final decision could come later in January.
The lawsuit claims the "Respondent’s (NYSDOT) failure to adhere to SEQRA’s mandatory standards and raise questions as to the sufficiency of the evidence adduced in the processes that are the subject of these proceedings."
Ladiania and Robinson, along with the East Side Parkways Coalition, have been expressing concerns that the DOT is downplaying the environmental impacts of the project and the DOT's projections show an increase in pollution levels at each end of the tunnel.
The Article 78 filing also says that the Kensington Project, in its current incarnation, violates the New York State Constitution and the Climate Leadership and Community Protection Act (CLCPA).
One of the provisions of the CLCPA is that the state must "prioritize health and safety of environmental justice communities in advancing greenhouse gas emission reduction goals." With a projected increase in pollution levels for the project, the lawsuit claims the CLCPA is violated.
2 On Your Side has reached out to the NYSDOT for comment, but has not heard back.