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Nonprofits sue ECHDC for environmental violations along Buffalo waterfront

outer harbor
Representatives from four nonprofits address reporters along the Buffalo outer harbor
WBEN Photo/Tim Wenger

Buffalo, N.Y. (WBEN) - Four nonprofits have joined forces in filing a lawsuit against the Erie Canal Harbor Development Corporation for alleged violations of environmental law and due process stemming from development plans along the Buffalo outer harbor.

The League Of Women Voters of Buffalo Niagara, 21st Century Park on the Outer Harbor, Western New York Environmental Alliance, and Sierra Club Niagara Group filed a lawsuit in New York Supreme Court Thursday.


The lawsuit challenges ECHDC's "Buffalo Outer Harbor Civic and Land Use Improvement Project General Project Plan" out of concern that the ECHDC plan will benefit entrenched interests at the expense of both community and environmental health.

Among the plans that the groups are specifically opposed to is the development of a pavilion event site with adjacent parking near the Bell Slip along the outer harbor.

"We want to ensure that these public lands are protected and restored," said Melissa Wischerath with the 21st Century Park group. "It should not become a waterfront parking lot or a taxpayer funded concert and event venue competing with private businesses."

Gladys Giffords, of League of Women Voters Buffalo Niagara, a petitioner group, said, "The lack of a proper Environmental Review and resultant plan will irreparably damage the critical habitats already present at Buffalo's Outer Harbor, jeopardize future ecological improvements, as well as lead to privatization of these public shore lands."

The groups are asking for a parkland designation for Buffalo's Lake Erie Coast at the Outer Harbor, and for the ECHDC to not segment, sell off, or over-program this re-naturalizing coastline.

Proponents of the suit say Buffalo's Outer Harbor sits at the edge of the city's water supply intake, and is part of a bird Area that connects with Tifft Nature Preserve, Times Beach Nature Preserve and the Small Boat Harbor, and is part of a wetland containing significant coastal fish and wildlife habitats, including that of endangered, threatened and protected species.

The press conference and lawsuit comes less than a week following the large Buffalo air show along the outer harbor that drew thousands for the ticketed event.

"When you're charging those kinds of ticket prices for an event that should be in a place that's open to the public, that's worth a lot of questions," said Giffords.

Jay Burney with the Western New York Environmental Alliance also voiced opposition to the air show being held along the outer harbor near Wilkeson Point. "We know birds were impacted."

A petition authored by the Our Outer Harbor Coalition is circulating advocating for these coastal lands to be protected and restored as parkland.

Officials from the ECHDC tell WBEN they are aware of the pending litigation and have no comment at this time.