Marine Mammal Protection Act Used in Defense of Exploited Species

WASHINGTON, D.C. (September 29, 2015) - Reaching the result urged by a diverse group of prominent individuals with an active interest in ocean conservation and marine mammal protection represented by Perkins Coie attorneys, the U.S. District Court for the Northern District of Georgia ruled against the Georgia Aquarium in its bid to import 18 beluga whales from Russia, granting summary judgment to the National Oceanic and Atmospheric Administration and National Marine Fisheries Service and dismissing the Georgia Aquarium’s lawsuit to reverse the decision denying its permit application. The amicus brief was prepared by Perkins Coie attorneys Don Baur and Chuck Samel. The case is Georgia Aquarium v. Pritzker, No. 1:13-CV-03241-AMT.

The Court’s 100-page ruling begins with a quote (“The oceans deserve our respect and care, but you have to know something before you can care about it.”) from Dr. Sylvia Earle, a former chief scientist of NOAA and one of the amici represented by Perkins Coie. The Court observed the quote is also inscribed on the wall of the Georgia Aquarium at the entry to its Ocean Voyager exhibit. Overruling the objection of the Georgia Aquarium, the Court received the amicus brief, finding it “timely and useful” and “highly relevant” to the Court and its decision. The amicus brief was joined by numerous scientists, environmentalists, marine mammal, animal and conservation activists, including, Kim Basinger, David Blaine, Jean-Michel Cousteau, Gabriela Cowperwaite, Shannen Doherty, Dr. Earle, Tim Eichenberg, Dr. Jane Goodall, Dr. Denise Herzing, Dr. Janet Mann, Dr. Lori Marino, Edward Norton, Hayden Panettiere, Louie Psihoyos, Fisher Stevens, Bob Talbot, Charles Vinick, Ingrid Visser and Dr. Masha Vorontosva.

“This is a precedent-setting decision that not only protects cetaceans from removal from the wild for captive public display,” said Don Baur, Perkins Coie partner and lead attorney in the case. “But it also reaffirms the core principles of the Marine Mammal Protection Act of 1972 to promote the health and stability of the marine ecosystem and protect marine mammals at their optimum sustainable population levels.”

Along with the government defendants, Intervenor-Defendants included the Animal Welfare Institute, the Whale and Dolphin Conservation, Inc. (North America), the Cetacean Society International and the Earth Island Institute.

Click here to read the court opinion.

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