A New Precedent: How Buffalo’s CBA is Shaping the Future of Stadium Law

By Jacob Mallie

After a heartbreaking loss for the Buffalo Bills in the 2025-2026 NFL playoffs, the Bills are now preparing for the grand opening of the New Highmark Stadium next season. Designed by Populous, a leading global sports architecture firm, the new stadium reflects an evolving legal approach to public and private infrastructure development, particularly in the use of a Community Benefits Agreement (CBA) to ensure public involvement and widespread community participation.

In the past, stadium deals often left local neighborhoods out of the conversation, but Buffalo plans on changing the playbook. During construction of the home of the Los Angeles Rams and Chargers (SoFi Stadium), residents of historically Black and Latinx neighborhoods were pushed out of their homes. This raised many legal questions regarding stadium construction and new projects. Today, teams and leagues across the country are placing an increased importance in community-centric project planning, specifically Buffalo.

The Buffalo Bills have been steadfast in their commitment to the greater Buffalo-Erie community. From the project's beginning in 2022, the Bills incorporated a formal CBA into the stadium’s development framework, a critical piece to the stadium’s future success. With total construction costs reaching approximately $2.1 billion (including over $850 million in public funding from New York State and Erie County) the agreement is designed to connect taxpayer investment with measurable social and economic outcomes for the area.

The objective of the Bills’ CBA is to “ensure participation by all segments of the local community in the economic opportunities available in connection with the design, construction, maintenance and operation of the New Highmark Stadium”. The CBA aims to “foster workplace inclusion”, “support youth programs”, and “provide County business-priority for supplier and vendor contracts”. By embedding these commitments directly into the agreement, the project reflects a broader shift in sport infrastructure law toward community-centered initiatives and away from obligatory corporate commitment.

The New Highmark Stadium represents one of the most significant public investments in professional sports history. In announcing the funding agreement, Governor Kathy Hochul emphasized the importance of ensuring that taxpayer contributions produced tangible benefits for Western New York residents. This emphasis highlights the growing legal expectation that publicly financed stadium projects operate not solely as entertainment venues, but as drivers of economic inclusion and community development.

As professional franchises in cities such as Chicago and Washington explore future stadium developments, all eyes are on Buffalo. The Bills have shown that you can balance public finance law, strict contracts, and community accountability to create something equitable. The New Highmark Stadium is proof that a sports team can build a world-class facility while providing a positive impact on the community.