BUFFALO, N.Y. — State Supreme Court Judge Emilio Colaiacovo issued a decision on the numerous lawsuits over the New York State Department of Transportation's $1 billion plan for the Kensington Expressway.
Judge Colaiacovo granted a preliminary injunction in the case regarding the whether or not the NYSDOT should have conducted an Environmental Impact Statement.
In his decision, Judge Colaiacovo said, "In examining the four stages of the project, nothing can be considered temporary. Similarly, very little information was provided in the EA [environmental assessment] about noise and vibration effects from the construction."
Judge Colaiacovo went on to say that "without question, given the low threshold to require an ElS, the State missed the mark in failing to do so here. Given the profound concerns that this Court has about the environmental fallout from this project, it is surprising that stake holders were largely shut out and that public comment was limited."
Judge Colaiacovo denied the preliminary injunction for other lawsuits that claimed the project broke the public trust doctrine and state climate act.
However, since a preliminary injunction was granted in the lawsuit regarding the EIS, the NYSDOT can not begin any work on the project until the matter is resolved in court.
2 On Your Side has reached out to the NYSDOT for comment on the ruling, spokesperson Joseph Morrisey said "“New York State remains committed to the Kensington Expressway Project, which from its very beginnings has been a community-driven effort intended to reconnect the neighborhoods of East Buffalo, provide much-needed greenspace, and restore the quality of life and vibrancy that was taken from the community decades ago. The State is reviewing today’s judicial decision. We will have no further comment at this time.”
This is a developing story and WGRZ will update it as more details are gathered.