Dolphin pod.  Photo Credit: Shutterstock

Don Baur: Behind the Scenes Marine Mammal Law Expert and Friend

Topics: Bans, Legislation, Dolphins, Whales, US Marine Mammal Protection Act

By Mark J. Palmer

With a shock, the environmental community lost a great friend and expert on the US Marine Mammal Protection Act (MMPA), Attorney Don Baur. Don passed away on December 15th, 2022, and he will be sorely missed.

Don worked behind the scenes, often leading, but never seeking the limelight. As an attorney, he became an authority on the workings, language and meaning of the MMPA, the most powerful US law protecting whales, dolphins, seals, and sea lions, as well as polar bears, sea otters, and manatees.

He served as legal advisor for Earth Island’s International Marine Mammal Project and counsel for the Free Willy/Keiko Foundation, which successfully released the orca star of the hit movie Free Willy back into his home waters of Iceland.

He further served on the Board of Directors of the Whale Sanctuary Project, seeking a permanent sanctuary for injured or captive orcas, beluga whales, and other cold-water species.

“Don was a quiet warrior. He was right there helping us confront the massive killing of dolphins by the tuna industry, helping us with legal advice and the setting up of the Dolphin Safe tuna program. When the captive orca Keiko was flown to Iceland to become the first captive whale ever returned to his home waters, there was Don wrapped up in a huge down coat waiting for our arrival,” said David Phillips, Earth Island Institute’s Executive Director.

Phillips added: “He designed many of the legal strategies that won protections for wildlife around the world.”

Don’s experience and his expertise on environmental law were unparalleled. He had worked as legal counsel for the US Marine Mammal Commission, a job which gave him intimate knowledge about the MMPA from both a legal and a practical standpoint. He put that experience to good use. In private practice as a law partner in the Washington DC-based firm of Perkins Coie, he often provided free advice and pro-bono services to many organizations.

The numerous environmentalists and lawyers who were mentored by Don received a firm foundation in law as well as inspiration to achieve protections for the Earth’s ecosystems and species.

In a word, Don is irreplaceable. We send our condolences to his family and friends.