Court Case Challenges Defamation Suit Against Monterey Bay Aquarium
A federal appeals court is evaluating whether a lawsuit by the fishing industry against the Monterey Bay Aquarium should proceed. The case involves claims by New England-based fishing businesses and trade groups who argue that the aquarium’s Seafood Watch program defamed them. In 2022, the program placed American and Canadian lobster on a ‘do-not-eat’ red list. The plaintiffs allege this decision has harmed their industry.
The 1st U.S. Circuit Court of Appeals in Boston is currently considering the case. During oral arguments on July 27, Judge Seth Aframe expressed concerns about the lawsuit’s First Amendment implications. Judge Aframe mentioned that the case seems less about defamation and more about an issue of free speech. He warned that expanding who can be sued in such cases could lead to a flood of similar lawsuits.
Seafood Watch justified the red listing by citing the risk lobster fishing gear poses to rare whales, such as the North Atlantic right whale. The lobster industry, mainly based in Maine, disputes these claims, arguing they are inaccurately portrayed as a threat to whales. They emphasize that other fisheries, like the Canadian snow crab fishery, pose a more significant danger.
Conservation organizations and government agencies have long identified fishing gear entanglement as a major threat to these whales. Despite comments from judges during oral arguments, the lobster industry remains steadfast in their claim, attorney Kevin Lipson stated. He accused Seafood Watch of neglecting to disclose contrary evidence about the entanglement risks.
Seafood Watch is a well-referenced sustainability report used by many businesses, including major retailers, to decide which seafood to offer. Some, like Whole Foods, stopped sourcing Gulf of Maine lobster after the red listing. A spokesperson for the Monterey Bay Aquarium did not provide comments on Wednesday. Amy Saharia, representing the aquarium, argued that the Seafood Watch did not target any specific plaintiffs.
The lawsuit has been ongoing due to various legal proceedings. A federal court ruled last year that the case could continue even after the aquarium requested its dismissal. Although Maine’s lobster catches were lower last year, with over 78 million pounds valued at over $460 million, the lobster industry remains vital to the state’s economy and culture.