© 2025 Western New York Public Broadcasting Association

140 Lower Terrace
Buffalo, NY 14202

Toronto Address:
130 Queens Quay E.
Suite 903
Toronto, ON M5A 0P6


Mailing Address:
Horizons Plaza P.O. Box 1263
Buffalo, NY 14240-1263

Buffalo Toronto Public Media | Phone 716-845-7000
BTPM NPR Newsroom | Phone: 716-845-7040
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Department of Transportation skipped multiple steps in Kensington Expressway Project

The Kensington Expressway at Humboldt Parkway and Winslow Avenue – in the NYS Department of Transportation's proposed project area.
Valerie Wales
The Kensington Expressway at Humboldt Parkway and Winslow Avenue – in the NYS Department of Transportation's proposed project area.

The Kensington Expressway also known as the “33” is an admitted, massive, racial injustice mistake from nearly 70 years ago that has torn a hole right through the east side of Buffalo.

The expressway is a key part in shaping the current economic and environmental disaster surrounding the East part of the city. The once beautiful Humboldt Parkway green space was completely torn away and replaced with a 6-lane highway, robbing East Side residents — predominantly residents of color — of greenspace.

State and local politicians have acknowledged that and have agreed with the residents that the restoration of Humboldt Parkway needs to happen sooner rather than later. Plans were underway for the state to do just that with construction contracts being planned to be handed out sometime this month.

However, the state threw the community for a loop as they instead opted to restore the parkway but keep the concept of a highspeed expressway. Plans to build a tunnel under the parkway were developed and confirmed resulting in multiple lawsuits from Eastside Parkway Coalition (ESP). ESP is an organization committed to the full restoration of Humboldt Parkway. They claim the State’s attempt to keep this highway would cause mass environmental harm and they have skipped multiple legal steps in ensuring the project was environmentally safe.

ESP’s attorney Alan Bozer stated that the state failed to do an Environmental Impact Statement. WBFO has confirmed that the Department of Transportation (DOT) has not filed an Environmental Impact Statement and instead opted to do a 325-page Environmental Assessment. However, flaws were found in that report as the assessment does not cover any construction years, just the year of project completion 2027, and 20 years after completion 2047.

The Department of Environmental Conservation released an air quality study showing a significant drop in air quality along the Kensington Expressway starting at Grider Street and going through Humboldt Parkway and downtown. The drop in air quality included many elevated focus spots for nitrogen dioxide and black carbon.

The Department of Environmental Conservation analysis of the air pollution along the Kensington Expressway.
The Department of Environmental Conservation
The Department of Environmental Conservation analysis of the air pollution along the Kensington Expressway.

Despite this information against the construction of the tunnel, state and local officials have ignored the calls to stop construction, instead doubling down.

The Governor’s office reiterated their previous statement: “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.”

The City of Buffalo's Acting Mayor Christopher Scanlon threw his support behind the state’s decision.

“I think we have to be careful at times that thinking that what we hear from residents may be the majority of residents," said Scanlon. "So at this point, I’m ok with us moving forward with the project.”

Opening arguments will be heard in court on Friday, October 25, at 2 PM.

Jamal Harris Jr. joined the BTPM news team in September of 2024. He serves as the local host for NPR’s “All Things Considered” as well a government reporter.