A New York state judge granted a temporary restraining order on Oct. 9 to pause work on a $1-billion project to cap a portion of the Kensington Expressway in Buffalo, N.Y.

The action In New York Supreme Court by Justice Emilio Colaiacovo comes in a lawsuit filed in June by the New York Civil Liberties Union against the New York State Dept. of Transportation over its capping plan for a section of the highway to reconnect communities and add green space.

The suit called the project's environmental assessment “limited and flawed.”

Lanessa Owens-Chaplin, director of the group's Racial Justice Center, called the decision "a major win" for the predominately Black community living near the project site.

"It sends a loud and clear message that this community should not be treated as an afterthought by the [the state agency] and the Federal Highway Administration," she said in a statement. “Pausing the construction now is the best way to ensure that the needs and concerns of impacted residents are included while litigation continues. Make no mistake: this project will only meet the moment if air quality protections and mitigation measures for impacted residents are provided without delay.” 

In a statement, the state DOT said the project’s environmental process adhered to all applicable state and federal laws.  

"We continue to look forward to advancing this project to reconnect a community that was divided generations ago," the statement says. 

In a statement to media, the office of Gov. Kathy Hochul (D) said: “As Governor Hochul has said before, this is a once-in-a-generation opportunity to correct one of the most damaging planning injustices of the 20th century, and we look forward to reconnecting this community soon.”

Credits: ENR New York