BUFFALO, N.Y. — The New York State Department of Transportation will not appeal a state Supreme Court judge's order that it conduct an environmental impact study before moving forward with a project to rehab Buffalo's Kensington Expressway, create a tunnel over a portion with green space above, and upgrade bridges, sidewalks and streetscapes around it.

The Restore Our Community Coalition is a group of residents who live in the East Side neighborhood adjacent to the expressway and have been fighting to reconnect the underserved, mostly Black community for years. Chair Sidney Brown said the coalition is a little disappointed.

"We were anticipating an appeal but we are not opposed to an environmental impact study, but we do stand to say that we are not broadening this project for it to be delayed for 10 or 20 years from now," Brown said. "As a community, we cannot afford that."

Construction has been on pause since the judge issued an initial restraining order in October. ROCC members along with Assembly Majority Leader Crystal Peoples-Stokes suggested a well-funded and likely outside influence fought the decision in court because the project was not what they wanted. 

"It's just absolutely totally unfair and it's so true to what America has to offer Black people, and particularly in Buffalo, is that whenever you plan something for yourself and get the resources, you get stopped," Peoples-Stokes said.

The East Side Parkways Coalition was one of the groups that sued the state arguing the DOT attempted to forego the necessary environmental impact study with a less thorough environmental assessment. Member Michael Gainer, who is also a candidate for mayor, said dozens of members who brought the suit live right next to the Kensington. The coalition said it hopes the state considers its preferred option to fill in the expressway but is also calling for a unified path forward.

"We are all looking for and asking for the same thing from the DOT. We all want a fully reconnected community. We all want long-term economic prosperity for our neighborhoods. We all want jobs," Gainer said.

Acting Buffalo Mayor Chris Scanlon believes his role moving forward is to bring the groups and individuals with differing visions together. 

"What I don't want to see is a back and forth to the point where we end up losing a billion dollars that's allocated to the City of Buffalo," Scanlon said.

The DOT still lists the project at an estimated $1 billion although some people Friday suggested the cost is closer to $1.5 billion. The funding comes from a mix of state and federal sources.

The department said continuing legal action would have led to further delays, but it is committed to a project that will improve quality of life and advance transportation and economic opportunities. Buffalo Congressman and former state Senate Transportation Chair Tim Kennedy said the community deserves investment right now.

"What we're asking for, what we're demanding and I believe our community is demanding, is a continuation of the promise being kept to our community, not taking that money that was promised to Buffalo and Western New York and taking it elsewhere," Kennedy said. 

There is no timeline yet on how long the environmental impact study will take, although Peoples-Stokes said it is typically around 18 months to two years.