Hardwick v. US

Background

The Buena Vista Rancheria of Me-Wuk Indians had a pending motion asking the court to require the Board of Indian Affairs to take restored Rancheria lands into trust under a 1983 stipulated judgment. The court was scheduled to hear that enforcement motion on October 29, 2020.

While that motion was pending, the Tribe asked the court to order the Bureau of Indian Affairs to stop taking further action on its immediate fee-to-trust matter until the court ruled on the enforcement motion. The Bureau was expected to decide by October 22, 2020, whether to use its discretion to take the lands into trust under the Indian Reorganization Act.

Court’s Analysis

The court treated the motion to stay as effectively seeking a preliminary injunction. The parties agreed that the Tribe had to show four things: a likelihood of success on the merits, irreparable harm, favorable balancing of the equities, and that an injunction would serve the public interest.

The court denied the motion because the Tribe failed to show irreparable harm. First, the claimed harm was speculative because the Bureau might exercise its discretion and take the lands into trust. If that occurred, the Tribe would not be harmed, and the enforcement motion might become moot.

Second, even if the Bureau denied the discretionary request, the Tribe would not necessarily be harmed. The court could still require the Bureau to take the lands into trust under the 1983 stipulated judgment. The court explained that a judicially required trust acquisition is mandatory and that the Bureau would be bound by such an order. The Bureau’s discretionary decision therefore would not affect the court’s authority to issue a mandatory order under the stipulated judgment.

Disposition

Judge Edward M. Chen denied the Tribe’s motion to stay the Bureau of Indian Affairs’ action. The order disposed of Docket No. 382. The opinion did not decide the separate motion to enforce the 1983 stipulated judgment.