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.