HE UNITED STATES COURT OF APPEALS 
R THE DISTRICT OF COLUMBLA CIRCUIT 
ELOUISE PEPION COBELL, et al., 
Plaintiffs-Appellees, 
V. 
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GALE A. NORTON, 
Secretary of the Interior, et al., 
Defendants- Appellants . 1 
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REPLY IN SUPPORT OF GOVERNMENT’S EMERGENCY MOTION FOR 
CONSOLIDATION OF APPEALS 
As we explained in our motion to consolidate, the court’s order ofMarch 15,2004 purports 
to “supersede” and “replace” the preliminary injunction of July 28,2003. The government’s appeal 
from the July 28 order is proceeding on an expedited basis, and the government’s opening brief is 
due on April 6, 2004. The government’s appeal from the structural injunction, No. 03-5314, is 
proceeding on the same expedited briefing schedule as the appeal from the July 2003 preliminary 
injunction, No. 03-5262. Because the appeal from the March 15 injunction involves the same 
subject matter as the July 28, 2003 injunction, we have asked that the appeals from both orders be 
consolidated. In this way, the appeals from all related orders can be heard expeditiously. If the 
Court grants our motion to consolidate No. 03-5262 and No. 04-5084, the government will file one 
brief in those consolidated appeals on April 6, 2004. 
Plaintiffs do not oppose this motion. Without explanation, however, they ask that the word 
limit for their responsive brief be enlarged to 20,000 words. The government takes no position on 
this request. However, we seek no similar enlargement of the word count. In the structural 
injunction appeal, which is proceeding simultaneously, the Court, at the government’s request, 
expanded the word count to 20,000 words. The government requested that expansion because of the 
length - and breadth of the opinions on review. We do not require a similar expansion here. Because 
NOS. 03-5262,04-5084 
[Civil Action No. 96-1285 (D.D.C.)] the government will be able to set out the background of the case fully in its structural injunction 
appeal, any need for an enlargement is obviated. 
MARCH 2004 
CONCLUSION 
The appeals inNos. 03-5262 and 04-5084 should be consolidated, and the two appeals should 
proceed on the briefing schedule already in existence for No. 03-5262. 
Respectfully submitted, 
PETER D. KEISLER 
Assistant Attorney General 
- ROSCOE C. HOWARD, JR. 
United States Attorney 
ROBERT E. KOPP 
MARK B. STERN 
THOMAS M. BONDY 
CHARLES W. SCARBO 
ALISA B. KLEIN 
(202) 5 14-5089 
Attorneys, Appellate Staff 
Civil Division, Room 9 108 
Department of Justice 
601 D Street, N.W. 
Washington, D.C. 20530 
-2- 1 100 Peachtree Street 
Suite 2800 
Atlanta, GA 30309-4530. 
(404) 8 15-6450 
Earl Old Person (pro se) 
Blackfeet Tribe 
P.O. Box 850 
Browning, MT 59417 
CERTIFICATE OF SERVICE 
I hereby certify that 011 this 3 1st day of March, 2004, I caused copies of the foregoing reply 
to be sent to the Court and to the following by hand delivery: 
The Honorable Royce C. Lamberth 
United States District Court 
United States Courthouse 
Third and Constitution Ave., N.W. 
Washington, D.C. 20001 
Keith M. Harper 
Native American Rights Fund 
1712 N Street, N.W. 
Washington, D.C. 20036-2976 
(202) 785-4166 
and to the following by federal express, overnight mail: 
Elliott H. Levitas 
Law Office of Elliott H. Levitas 
and to the following by regular, first class mail: 
Dennis Marc Gingold 
Law Office of Dennis Marc Gingold 
607 14th Street, N.W., Box 6 
Washington, D.C. 20005 
THOMAS M. BONDY u