New York Judge Pauses $1 Billion Buffalo Expressway Cap Project for Critical Environmental Review

A judge in New York has ordered the state’s Department of Transportation (NYSDOT) to stop a $1 billion project aimed at capping part of the Kensington Expressway in Buffalo. This halt will stay in place until the department conducts a proper environmental review as required by law.

Justice Emilio Colaiacovo made this ruling on February 7. Local activists have pushed for the expressway’s removal, hoping to restore it to a local parkway. The judge pointed out that the state did not adequately assess the potential impacts of the project, stating, “The state missed the mark” by skipping the necessary environmental review. He argued that creating an environmental impact statement is vital for a fair analysis of the project’s effects and finding ways to lessen any harm.

Before this decision, the judge had already paused the project last fall with a temporary restraining order. He suggested that if a small business, like a Tim Hortons, needs an environmental review for its development, then a large project like this should require the same scrutiny. “Why the state thought it could simply entertain a project of this magnitude without proper review remains a mystery,” he noted.

State officials believe any potential impacts from the project will be minimal. A representative from NYSDOT stated they are reviewing the judge’s ruling to determine their next steps.

The NYSDOT’s project aimed to cover about 4,150 feet of the busy Kensington Expressway, also known as State Route 33, turning it into public green space. The plan included upgrades to local streets, adding bike and pedestrian pathways, replacing a bridge, and constructing a roundabout where an interchange is now located.

The East Side Parkways Coalition, the group that filed the legal petition, argues instead for restoring the Humboldt Parkway. Initially designed by Frederick Law Olmstead, this tree-lined road connected two parks before being replaced in the mid-20th century by the expressway, which split neighborhoods and displaced many Black residents.

Concerns have been raised that capping the expressway would prevent the reconnection of Martin Luther King Jr. Park and Delaware Park. The coalition worries about vehicle exhaust build-up at tunnel exits, particularly near schools and community facilities.

The New York Civil Liberties Union (NYCLU) has also filed a lawsuit against NYSDOT, focusing on the state’s Climate and Community Leaders Protection Act. This law requires that the health and safety of disadvantaged communities be prioritized. Lanessa Chaplin, director of NYCLU’s Racial Justice Center, highlighted an anticipated 6% increase in emissions around the tunnel exits. “This area already suffers from some of the highest air pollution rates in the county,” she explains.

Chaplin hopes the environmental review will delve deeper into the emissions issue, suggesting that the actual impact could be worse than projected. A hearing for the NYCLU’s case is scheduled for April. “This project could worsen pollution in an already affected area,” she says. “The state has a responsibility to address the environmental impacts in communities that are often overlooked.”

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