Judge rules sewer construction can continue

BUFFALO, N.Y. (WIVB) – A State Supreme Court judge has ruled a major sewer construction project can continue.

Some neighbors on Bird Avenue, west of Elmwood Avenue, are upset about the Buffalo Sewer Authority project. Workers are adding a gate to a sewer line from the late 1800s, hoping to prevent sewage from flooding into the river during heavy rain.

Charley Tarr sued the sewer authority claiming the project lacked the proper environmental approval. He and other neighbors worried about the health effects of storing sewage in the existing pipes right under the street.

Thursday, Judge Jeremiah Moriarity III granted the Buffalo Sewer Authority’s motion to have the lawsuit dismissed. This means the work will continue there and on Lang Avenue on the east side.

If all goes as planned, the sewer authority hopes to spend $380 million over the next 20 years to install more of the sewer control gates in other neighborhoods.

The sewer authority argued that it “prepared an Environmental Assessment form in 2012 based upon the 2012 Long Term Control Plan.” And that it mentioned the “Bird Avenue and Lang Avenue Projects.”

The Sewer Authority says, “The project would not result in any significant adverse impacts.”

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