Federal Appeals Court Weighs Lawsuit Against Monterey Bay Aquarium

A federal appeals court is considering whether to allow a lawsuit from the fishing industry against the Monterey Bay Aquarium. The case stems from the aquarium’s decision to include American and Canadian lobster on its Seafood Watch ‘red list’ in 2022. This list advises consumers to avoid certain seafood to protect marine life.

The plaintiffs, who are New England-based, claim defamation due to the negative portrayal of lobster fishing as harmful to rare whales, specifically the North Atlantic right whale. They argue that this listing has caused economic harm and misrepresents the threat posed by the lobster industry compared to other fisheries.

Judge Seth Aframe of the Boston-based 1st U.S. Circuit Court of Appeals noted his concern about the case from a First Amendment perspective during oral arguments on July 27. Aframe suggested that broadening the criteria for defamation might allow anyone to file lawsuits, which could impact free speech rights.

The more you broaden the class of people that fall within this, the more it feels like everybody can sue, Aframe said.

Seafood Watch added lobster to the list due to concerns about whale entanglements in fishing gear. Conservationists have long argued that the lobster and crab fisheries are dangerous to whales. However, the lobster industry claims these fisheries are less of a threat than the Canadian snow crab fishery.

Despite the judges’ comments in court, attorney Kevin Lipson, representing the plaintiffs, insists that the Monterey Bay Aquarium withheld evidence countering their claims. He accused the Seafood Watch report of lacking transparency.

Seafood Watch is a widely referenced resource on seafood sustainability. Several retailers, including Whole Foods, responded to the red list by pulling Gulf of Maine lobster from their offerings. The aquarium declined to comment on the ongoing case.

The legal proceedings have been lengthy, with a lower federal court previously ruling to allow the lawsuit to progress, despite the aquarium’s request to dismiss it. In the previous year, Maine’s fishermen caught over 78 million pounds of lobster, contributing significantly to the state’s economy, with a dockside value exceeding $460 million.

The case’s complexity involves balancing environmental conservation goals with the economic interests of the lobster industry. As the appeals court deliberates, the outcome could set a significant precedent for the intersection of free speech and industry impact.