Litigation for the community
Filings
As of July 15, 2024, ESPC and others have filed five lawsuits:
The EIS Case
The Federal Case
The Highway Removal Case
The Climate Case
The NYCLU Case
Important Lawsuit Update
Pursuant to the Article 78 Lawsuits, brought forth by:
ESP, New York Civil Liberties Union (NYCLU), Citizens for Regional Transit (CRT), and the Western New York Climate Council (WNYYCC)
Against
The New York State Department of Transportation (NYSDOT)
For the purpose of compelling the NYSDOT to complete a full Environmental Impact Statement (EIS) process to fully study alternatives that would provide a more healthy environment for adjacent communities, in accordance with New York State law.
As a result….
Judge Colaiacovo has ordered an EIS!
The EIS Case
This lawsuit seeks to annul the decision by the New York State Department of Transportation to issue a negative declaration under the State Environmental Quality Review Act for the $1 billion + reconstruction project of the NYS Route 33 Kensington Expressway in Buffalo. Petitioners argue NYSDOT’s environmental review was flawed, failing to adequately address impacts on noise, vibration, traffic, and air quality in a densely populated, disadvantaged community already burdened by high levels of respiratory illnesses.
This case demands NYSDOT adhere to standard procedure, rather than push through this hastily rushed proposal. Plaintiffs contend the review process did not meet SEQRA’s requirements, was arbitrary and capricious, and violated both state regulations and the Climate Leadership and Community Protection Act . The lawsuit highlights deficiencies in assessing the project’s environmental impacts and calls for a more thorough review to mitigate adverse effects on the affected community
View the filing here (PDF)
Lawsuit Details
Title: ESPC v DOT
Index Number: 808702/2024
Date Filed: 6/14/2024
Link to judge’s decision
The Federal Case
The lawsuit, East Side Parkways Coalition v. Federal Highway Administration, involves multiple plaintiffs, including the East Side Parkways Coalition, Western New York Youth Climate Council, Citizens for Regional Transit, as well as several individuals residing in Buffalo, New York. They are suing the Federal Highway Administration (FHWA), its administrators, and the New York State Department of Transportation (NYSDOT) for failing to comply with the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act (DOTA).
The plaintiffs argue the proposed reconstruction of the Kensington Expressway, which initially destroyed Humboldt Parkway, will further harm the local community through increased noise, dust, vibrations, and harmful air quality. They assert the FHWA and NYSDOT did not adequately consider the environmental and historical impacts of the project, nor did they explore feasible alternatives that would minimize harm to the community and preserve the historic nature of the area. The plaintiffs seek declaratory and injunctive relief to halt the project until proper environmental reviews and considerations are conducted.
View the filing here (PDF)
Lawsuit Details
Title: ESP v FHA
Case 1:24-cv-00665
Date Filed: 7/15/2024
The Highway Removal Case
The East Side Parkways Coalition and over 60 individual plaintiffs have filed a lawsuit against the New York State Department of Transportation (DOT), claiming violations of their constitutional rights to clean air and a healthy environment under New York State’s “Green Amendment.” The plaintiffs allege the DOT’s construction, maintenance, and operation of a heavily trafficked expressway through the East Side of Buffalo—a disadvantaged community suffering from significant health issues—has resulted in an unhealthful environment.
The lawsuit contends the expressway was constructed on public parkland without the necessary legislative approval, violating the Public Trust Doctrine. The plaintiffs seek a declaratory judgment to restore the parkland to its original state and an injunction to prohibit further maintenance or reconstruction of the expressway.
View the filing here (PDF)
Lawsuit Details
Title: ESPC v NYS, DOT, Buffalo
Index Number: 808572/2024
Date Filed: 6/13/2024
The Climate Case
The lawsuit initiated by the Western New York Youth Climate Council (WNYYCC), Coalition for Economic Justice (CEJ), and Citizens for Regional Transit (CRT) against the New York State Department of Transportation challenges the agency’s Determination of No Significant Effect (DONSE) concerning a proposed project. The plaintiffs argue the DONSE violates several legal mandates, including the State Environmental Quality Review Act (SEQRA) and the Climate Leadership and Community Protection Act (CLCPA). They claim the NYSDOT failed to adequately assess the project’s environmental impacts, particularly its contributions to climate change and its effects on disadvantaged communities.
Climate Leadership and Community Protection Act, also known as CLCPA. The Climate Leadership and Community Protection Act (CLCPA) is a plan signed into law on July 18, 2019[1] to address climate change and reach net zero emissions in New York State.
The lawsuit seeks to annul the DONSE, compel the preparation of an Environmental Impact Statement (EIS), and enforce compliance with the CLCPA and the constitutional right to a healthful environment. The plaintiffs also request the court to award attorney fees and other costs incurred during the litigation.
View the filing here (PDF)
Lawsuit Details
Title: Western New York Youth Climate Council (WNYYCC) v DOT
Index Number: 808662/2024
Date Filed: 6/14/2024
The NYCLU Case
The New York Civil Liberties Union (NYCLU) is suing the New York State Department of Transportation over the redevelopment of the Kensington Expressway. The NYCLU claims NYSDOT’s Environmental Assessment for the project was inadequate and failed to take a comprehensive look at the potential environmental hazards. Specifically, the EA underestimated the impact of particulate matter (PM2.5) emissions, which are known to pose significant health risks. The lawsuit highlights that the Humboldt Park neighborhood, which is already disadvantaged and bears high levels of pollution, would be further negatively impacted by the project.
The NYCLU argues a full Environmental Impact Statement should have been conducted to thoroughly evaluate the environmental, social, and economic impacts and to ensure proper mitigation measures are identified. The NYCLU is seeking judicial intervention to compel NYSDOT to comply with state laws designed to protect vulnerable communities from environmental harm.
View the filing here (PDF)
Lawsuit Details
Title: Harris v DOT
Index Number: 808703/2024
Date Filed: 6/14/2024