In a complete victory for the State of Alaska and for the general public, Superior Court Judge Milton Souter ruled on March 21, 1997, that the state Division of Forestry had fully complied with the state constitution and Alaska law when it published its Five Year Schedule of Timber Sales for the Kenai -Kodiak area for 1995 - 1999. Judge Souter also ruled that ten timber sales released by the state under the Five Year Schedule were offered in compliance with all applicable laws.

    "This is great news because now the shadow that has been hanging over those sales has been removed," said AFA executive director, Jack Phelps. "A large percentage of the timber in those sales is affected by the spruce bark beetle pandemic, and we need to be harvesting it now while there is still a good chance to recover some economic value from the wood. The revenue stream will help get that state land replanted in a timely manner so the Kenai Peninsula can once again have healthy spruce forests. At the same time, the harvesting activity keeps people working. It’s a win - win, and most people in Southcentral Alaska have come to appreciate that fact."

    Both the Five Year Schedule and the individual timber sales had been the subject of appeals and a lawsuit filed jointly by the Trustees for Alaska, the Sierra Club, the Alaska Center for the Environment and several other groups. The suit alleged that the Division of Forestry had failed to adequately address such issues as cumulative impacts, multiple use and sustained yield, and "best available data," as required by law. Judge Souter ruled in the state’s favor on every point.

    "The Souter decision affirms the good work the state has been doing in preparing site-specific Forest Land Use Plans." Phelps said. "The Division of Forestry has done an outstanding job of following the letter of the law in preparing its timber sales over the past few years. I personally think the law is too cumbersome and too costly to administer, and we all pay for it in reduced net return to the state’s General Fund. But while the law remains as it is, the division will have to keep doing what it’s been doing. They have to cross every   t   and dot every   i  . They have shown themselves effective at it lately, and reading Judge Souter ’s decision seems to indicate that he was largely influenced by their excellent work. I congratulate them."

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