A New York state judge granted a temporary restraining order on Oct. 9 to stop work on a $1 billion project to narrow a portion of the Kensington Expressway in Buffalo, New York .
In June, the New York Civil Liberties Union presented a lawsuit against the New York State Department of Transportation for its plan to cover a stretch of highway to reconnect communities and add green space. Tthe NYCLU lawsuit filed June 14 in New York Supreme Court called the project environmental assessment “limited and flawed”.
Lanessa Owens-Chaplin, director of the NYCLU Center for Racial Justice, called the decision “a major victory.” for the predominantly black community living near the project site.
“It sends a loud and clear message that NYSDOT and the Federal Highway Administration should not be treated as an afterthought to this community.” Owens-Chaplin said in a statement. “Stopping construction now is the best way to ensure that the needs and concerns of affected residents are included while litigation continues. Make no mistake: This project will only be met at the moment if the protections of air quality and mitigation measures for affected residents.”
A NYSDOT spokesman did not immediately respond to ENR’s request for comment after New York State Supreme Court Justice Emilio Colaiacovo granted the restraining order, but a spokesman for Governor Kathy Hochul (D) made the following statement according to the media reports:
“As Governor Hochul has said before, this is a once-in-a-generation opportunity to correct one of the most damaging planning injustices of the 20th century, and we look forward to reconnecting this community soon,” Hochul’s spokesman said.
