BUFFALO, N.Y. — A judge will hear arguments regarding the Kensington Expressway project on January 10.
Humboldt Parkway residents Terrence Robinson and Marcia Ladiana filed an Article 78 proceeding against the New York State Department of Transportation on December 13.
"They're going to essentially destroy the home I live in, destroy the environment around it to produce a traffic artery that I will be denied access to," Robinson said.
At the core of his and Ladiana's argument is whether or not the NYSDOT is trying to circumnavigate SEQR requirements.
Three types of classifications for projects under state law would trigger further environmental review: Type 1, Type II, and Unlisted Actions.
According to state law, A project classified as a Type 1 action thatexceeds a certain threshold is "more likely to have a significant adverse impact on the environment than Unlisted Actions" or "may require a Draft Environmental Impact Statement. (DEIS)"
Projects classified as Unlisted Actions do not meet or exceed the thresholds outlined in state law and require a "determination of significance."
A Type II classification is ambiguous and allows for flexibility because the project "does not significantly impact the environment, or are otherwise precluded from environmental review under SEQR"
The NYSDOT classified the Kensington project as Type II.
Robinson doesn't understand how the proposed tunnel for the Kensington Expressway wouldn't have an environmental impact.
"f you can put a billion dollar, 5-year construction project through a residential neighborhood and remove 250,000 square feet of asbestos in the course of that, and you can crack the foundation and release gases and radon, then there is no environmental protection under Seeker for anyone else in the state," Robinson said. "A state agency that is supposed to protect us, that is nullifying the environmental protection laws in this instance.
2 On Your Side reached out to the spokesperson for the NYSDOT when the lawsuit was filed. It did not respond to our request for comment.
Robinson says there is a scenario in which if he were to lose in this case, it could also be a win.
"If the Department of Transportation said on further reflection, we decide to do an environmental impact statement, then my grievance there would be resolved," Robinson said.