In Scarborough, Maine, a federal appeals court is contemplating whether to allow a lawsuit initiated by the fishing industry against a California aquarium. The case challenges the defamation claims tied to the aquarium’s Seafood Watch conservation program, which listed American and Canadian lobster as seafood to avoid in 2022. The Boston-based 1st U.S. Circuit Court of Appeals is reviewing whether the suit can proceed.
During oral arguments on July 27, Judge Seth Aframe expressed skepticism about the lawsuit’s defamation basis, finding it concerning from a First Amendment standpoint. Judge Aframe noted that broadening the class of plaintiffs could lead to a situation where anyone might file a lawsuit.
The more you broaden the class of people that fall within this, the more it feels like everybody can sue,said Aframe.
The Seafood Watch had placed lobster on its do-not-eat list due to risks posed to rare whales like the North Atlantic right whale, which can become entangled in fishing gear. The lobster industry, primarily in Maine, argues that this representation is false and defamatory, causing economic harm. Industry representatives point out that other fisheries, such as the Canadian snow crab fishery, pose more significant threats to whales.
Despite conservation groups asserting that lobster and crab fisheries both endanger whales, Maine’s fishing industry remains firm. Kevin Lipson, representing the plaintiffs, criticized Seafood Watch for allegedly concealing contrary evidence.
The Seafood Watch report influences many restaurants and stores, with some, like Whole Foods, removing Gulf of Maine lobster following the listing. Meanwhile, Amy Saharia, an attorney for the aquarium, stated during oral arguments that Seafood Watch did not explicitly target any plaintiffs.
Legal proceedings continue, having started when a lower federal court allowed the lawsuit to advance despite the aquarium’s request for dismissal. Maine fishermen collected over 78 million pounds of lobster last year, a decline by recent standards. Lobster remains vital to Maine’s economy and culture, generating over $460 million in dockside value.
Note: The date of oral arguments was corrected to July 27, not July 26.