Court Orders Full Environmental Study of Buffalo’s Kensington Expressway Project 

The order follows a June 2024 NYCLU lawsuit  

BUFFALO – Following a June 2024 lawsuit by the New York Civil Liberties Union, a state supreme court ordered yesterday the New York State Department of Transportation (NYSDOT) to conduct an Environmental Impact Statement (EIS) before advancing its controversial Buffalo’s Kensington Expressway redevelopment plan. In response, the New York Civil Liberties Union released the following statement attributable to Racial Justice Center Director Lanessa Owens-Chaplin:    

“The court’s decision is a major win for the predominately Black community living near the project site, which would have faced devastating increased air pollution had the project proceeded without an EIS. It is also an important step towards righting the wrongs of the past, as this community has carried the burden of decades of environmental racism.   

“This ruling also confirmed what we already knew – for too long, the state has treated the concerns of impacted residents as an afterthought, while dismissing their repeated request for more air quality protections.  

“This project will only meet the moment if air quality protections and mitigation measures for impacted residents are provided without delay. We hope the NYSDOT conducts a thorough environmental impact statement for the project. Buffalo residents deserve nothing less.” 

The order is the latest decision in a series of rulings requiring the state to change course on the project. In October 2024, following litigation by the East Side Parkways Coalition, a state judge ordered the suspension of the project. On February 7, 2025, a state supreme court maintained the suspension of the project until the NYSDOT completes an EIS. 

You can find case materials here: https://www.nyclu.org/court-cases/nyclu-v-nysdot  

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