NYSDOT won't appeal Kensington decision that would require environmental study to complete controversial tunnel project

"To be clear, we are not walking away from a major transportation project in Buffalo and remain committed to the goal of reconnecting this community. "
Kensington Expressway
Kensington Expressway in Buffalo, N.Y. Photo credit WBEN Photo - Tim Wenger

The New York State Department of Transportation has decided it will not appeal a court decision that requires an environmental impact study be completed before construction of a controversial $1.5 billion tunnel along the route.

While DOT officials say they are not abandoning the effort to make wholesale changes to the major transportation artery, it clearly puts the project on the back burner while additional community input is sought and the study potentially is completed.

DOT Region 5 Director Eric Meka released the following statement late Thursday:

The New York State Department of Transportation remains committed to a project along the Kensington Expressway that will improve the quality of life and advance transportation and economic opportunities for those living and working in East Buffalo and the city proper. NYSDOT, working with and listening to the community over many years, put forward a thoughtful project to reconnect the community in and around the Kensington Expressway. That project was challenged in court and continuing any legal action would only lead to further delays. We have decided not to appeal the decision and instead use this time to reignite our public engagement efforts. To be clear, we are not walking away from a major transportation project in Buffalo and remain committed to the goal of reconnecting this community.  In the coming weeks and months, NYSDOT will begin new engagements with the community, laying the foundation for strong infrastructure investments that advance the transportation network across Buffalo. As we honor and respect the many individual voices – including the collective voice of Restore Our Community Coalition - that have advocated for change along the Kensington Expressway, the Department of Transportation will continue to look to the community as we work together to enhance the transportation future for the City of Buffalo and all its residents.

When asked about the status of the project in Buffalo last week, New York Governor Kathy Hochul expressed disappointment in the legal hurdles challenging the project that, she says, is meant to heal a divided community.

"This is what happens too often, it's discouraging," Hochul said. "I now need to take the time with my attorneys to analyze what our next steps are."

Featured Image Photo Credit: WBEN Photo - Tim Wenger