DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

183016P.pdf   12/06/2019  George Wise  v.  Department of Transportation
   U.S. Court of Appeals Case No:  18-3016
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Erickson, Circuit Judges] Civil case - Environmental law. The court has jurisdiction over this interlocutory appeal as the district court's order had the practical effect of a denying a preliminary injunction; the district court did not err in concluding that plaintiff was not entitled to a preliminary injunction as he was unlikely to succeed on the merits; plaintiff failed to show that the agency's determination that the I-630 highway project took place entirely within the existing operational right-of-way and thus qualified for a categorical exclusion from NEPA's requirements under 23 C.F.R. 771.117(c)(22) was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.