Lawsuit Underway To Stop Kensington Expressway Project In Buffalo

There has been a lot of debate about what to do with the section of the Kensington Expressway that cuts into Humboldt Parkway.

The New York State Department of Transportation, with the support of the Federal government, had been planning on spending upwards of $1 billion to cap approximately 1 mile of the highway and use the covering to restore a part of the original Humboldt Parkway.

However, many residents in and around the Buffalo highway have been pushing back against government officials. Chief among their complaints is that state officials aren't doing enough to address concerns of increased pollution in a neighborhood with high pollution concentrations.

It's gotten to the point that two residents have filed a New York State Article 78 Lawsuit demanding that state officials do a full environmental impact study before they decide on any final plan.

Increased Pollution Is One Of The Main Concerns About The Kensington Expressway Project

Both sides of the issue of what to do with Kensington Expressway seem to agree that there will be an increase in pollution near the tunnel's entrances if it is built. But that's about where the agreements end.

According to a report from the Buffalo News, NYSDOT says that the mitigation efforts that are part of the tunnel plan will keep pollution levels in compliance with standards set forth by the federal government. However, some particulate matter would slightly increase around the openings of the tunnel.

Those against the project, including retired New York State environmental engineer, are concerned that the project will cause pollution to increase significantly, which would have a potentially devastating impact on the area since it already is exposed to pollution levels that are terrible when compared to the rest of the region.

The Lawsuit Seeks To Force The State To Do More Research

According to the Article 78 Lawsuit, a copy of which was obtained by WIVB, two Humboldt Parkway residents, Marcia Ladiana and Terry Richardson, want the state to do a full environmental impact study before making any final decisions, a step which has not yet been done.

The East Side Parkways Coalition, of which Richardson and Ladiana are members, fears that this plan is another example of when big government comes into a neighborhood and does what it wants regardless of how the residents of that area feel.