BUFFALO, N.Y. (WKBW) — Terrence Robinson, Michael Gainer, and Taj Richardson have been fighting against the Kensington Expressway project for months.
"If you live right there, what [the state] said was, it's temporary, we'll disregard it. It's five years of pounding, blasting, removal, sanding!" Robinson stated. "New York State is riding dirty through our neighborhood. We want them to clean up their act and do the right thing."
"This is a city of Buffalo project. This affects the people that live here. It affects my neighbors, my friends. You know, all of us live right in proximity to this project," Gainer added.
Recently, Justice Emilio Colaiacovo ruled that the New York State Department of Transportation (NYSDOT) cannot proceed with the more than $1 billion project until a full environmental impact statement is conducted.
"Some of his observations were very telling, and that is this community has suffered a lot," Alan Bozer, senior counsel with Phillips Lytle LLP said.
In his ruling, Justice Colaiacovo wrote, "No rational person can conclude...that this project would not have an adverse impact on the affected community."
But the pause on the project has raised concerns over whether state and federal funding will remain intact.
When visiting Western New York in October, Governor Kathy Hochul acknowledged the uncertainty surrounding the funding.
"I hope we can overcome the legal challenges. I expect we will. But I will also say we are not able to sit on this money for a long time," Hochul stated.
Majority Leader Crystal Peoples-Stokes, a vocal supporter of the project, also highlighted the uncertainty of federal contributions.
"I think there's no reason why, with our great Governor Kathy Hochul, that we can't maintain the state dollars," she said. However, she added, "But I don't see how we can make a commitment on federal dollars except through our congressional representatives."
Peoples-Stokes added, "So the only thing you can do is ask, in hope. I do know for sure that there are some other places in the state of New York that would desire to have these capital dollars in their districts. I won’t speak specifically to who they are, but I know that they're there, and so I'm hopeful that the governor will maintain the resources that have been designated for this project."
Adding another layer of uncertainty, the U.S. Department of Transportation (USDOT) recently issued a memorandum rescinding several policies related to environmental justice, racial equity and other equity-focused transportation initiatives.
The Kensington Expressway project was awarded $55 million in federal funding through the Reconnecting Communities Program.
I asked the USDOT whether the recent memorandum affects the project’s funding.
USDOT officials declined to provide specifics, stating only, "The Kensington Expressway Project is currently in litigation. We are not able to comment on ongoing litigation."
When I reached out to the New York State DOT, a spokesperson indicated that it is "monitoring the actions taken by the new federal administration" and assessing how these changes might impact the department.
With the legal battle ongoing and funding sources in question, both sides are set to return to court in late April.
This story was initially reported by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
