BUFFALO, N.Y. -- This week the New York Civil Liberties Union submitted a response to the New York state Department of Transportation's motion to dismiss its lawsuit regarding Buffalo's Kensington Expressway project.

The NYCLU initially sued in June in an attempt to force the state to conduct an environmental impact study before moving forward with the project.

"Based on the information that DOT has provided thus far, these huge concerns remain and these concerns are enough to trigger this heightened review process under state law," staff attorney Ify Chikezie said.

She said the DOT's motion for dismissal relies on circular logic without specifics about environmental impact or mitigation plans. The attorney said the NYCLU's initial concerns remain that the state is violating both its own Environmental Quality Review Act by not conducting the study and the Climate Leadership and Community Protections Act in its admission construction will increase emissions in the neighborhood.

"This neighborhood has some of the worst asthma rates in the country, has some of the worst air pollution in the state. [The] low-income, predominantly Black neighborhood raise a slew of environmental justice issues," Chikezie said.

The attorney said the state has gone out of its way to avoid triggering the more rigorous review process. In February, the Federal Highway Administration concluded there was no significant environmental impact.

The roughly $1 billion project would create a three-quarter mile tunnel over the expressway with green space above.

"We're not saying, you know, here's what you have to do instead. We're not here with a highway construction plan. That's not our expertise is the state law," Chikezie said.

State leaders including the governor have touted the project as a way to reconnect a community that was in part disenfranchised by the original infrastructure project. Chikezie said that legacy makes it all the more important to answer open questions and not rush.

"We're saying, hey, before you do something like this it really is critical to make sure that you're not worsening some of these health impacts," she said.

The DOT does have an opportunity to respond to NYCLU's filing before the judge makes a determination on the motion to dismiss.