Federal Appeals Court Weighs Impact of Aquarium’s Lobster Red List on Free Speech

A legal battle looms over the defamation lawsuit filed by fishing industry businesses and trade groups against the Monterey Bay Aquarium. The plaintiffs claim that the aquarium’s Seafood Watch conservation program harmed their industry by including American and Canadian lobster on its ‘do-not-eat’ red list in 2022. The case, being heard by the 1st U.S. Circuit Court of Appeals in Boston, raises concerns about its implications for free speech.

Judge Seth Aframe, one of the appellate judges, expressed reservations during the oral arguments on July 27. He described the lawsuit as potentially troubling from a First Amendment standpoint, questioning its classification as a defamation claim. Aframe noted, “The more you broaden the class of people that fall within this, the more it feels like everybody can sue.”

The Seafood Watch program placed lobster on the list due to concerns about potential entanglement in fishing gear threatening rare whales, including the North Atlantic right whale. The lobster fishing industry, primarily located in Maine, argued that this portrayal is inaccurate and damaging to their economic interests. They contend that whales face more significant threats from other fisheries, such as the Canadian snow crab industry.

While conservation groups and government agencies acknowledge the danger that fishing gear poses to whales, the industry disputes these claims. Kevin Lipson, the attorney representing the plaintiffs, argued that the Monterey Bay Aquarium failed to disclose contrary evidence in their report. “Monterey Bay Aquarium in their Seafood Watch report didn’t disclose any of the countervailing evidence. In fact, they hid that evidence,” Lipson stated.

Seafood Watch is a notable sustainability guide influencing decisions in restaurants and stores. As a result of the red listing, major retailers, including Whole Foods, have stopped sourcing Gulf of Maine lobster. An aquarium representative declined to comment, while during the arguments, attorney Amy Saharia noted that Seafood Watch did not directly refer to any specific plaintiffs.

The lawsuit continues amidst complex legal proceedings. A lower federal court allowed the lawsuit to move forward last year, despite the aquarium’s attempt to have it dismissed. In the previous year, Maine fishermen harvested over 78 million pounds of lobster, an essential component of the state’s economy, valued at more than $460 million.

The significance of the seafood industry in Maine and its economic and cultural value underscores the case’s importance. The judges’ opinions may shape future standards for free speech and defamation claims in environmental advocacy contexts.