ESPC Lawsuits

As of June 14, 2024, ESPC and others have filed four lawsuits:

The “Removal” Case

The Removal case seeks to restore Humboldt Parkway based on claims under the Green AmendmentThe Green Amendment Section 19 of Article I of the New York State Constitution, the “Green Amendment” says, “Each person shall have a right to clean air and water, and to a healthful environment”. It provides consitutional protection for environmental rights, ensuring every person in New York has the right to a clean and healthful environment. and the Public Trust DoctrinePublic Trust Doctrine Certain natural and cultural resources are preserved for public use. Under this doctrine, the government is required to protect and maintain these resources for the public’s reasonable use. In the context of the Route 33 project, the cultural resouce is the original Olmsted-designed Humboldt Parkway. ESPC contends the State of New York violated this principle by taking the parkland to use as a highway without the express permission of the NYS Legislature..

Title: ESPC v NYS, DOTNYSDOT New York State Department of Transportation, Buffalo

Index Number: 808572/2024

Date Filed: 6/13/2024

The “Climate” Case

The Climate case seeks to revoke the DOT decision to proceed based on the Climate Leadership and Community Protection ActClimate Leadership and Community Protection Act, also known as CLCPA. The Climate Leadership and Community Protection Act (CLCPA) is a plan signed into law on July 18, 2019[1] to address climate change and reach net zero emissions in New York State. (CLCPA). This lawsuit is a call for the government to enact the change promised through the CLCPA by voiding this project’s Determination of No Significant Effect—Negative Declaration and drafting an appropriate Environmental Impact StatementEnvironmental Impact Statement Definition to come. (EISEnvironmental Impact Statement Definition to come.).

Title: Western New York Youth Climate CouncilWestern New York Youth Climate Council (WNYYCC) Definition to come. (WNYYCCWestern New York Youth Climate Council (WNYYCC) Definition to come.) v DOT

Index Number: 808662/2024

Date Filed: 6/14/2024

The “EIS” Case and the “NYCLU” Case

The EIS and NYCLU cases seek to revoke the DOT decision to proceed based on several claims, including the decision not to conduct a full Environmental Impact Statement (EIS).

EIS

Title: ESPC v DOT

Index Number: 808702/2024

Date Filed: 6/14/2024

NYCLU

Title: Harris v DOT

Index Number: 808703/2024

Date Filed: 6/14/2024

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