Maine Lobstermen Granted Permission to Sue Environmental Group for Defamation

A federal court in Maine has ruled that a group of lobster fishermen can proceed with a defamation lawsuit against the Monterey Bay Aquarium's Seafood Watch program. The lawsuit stems from the program's 2022 decision to place U.S. and Canadian lobster on its "red list," advising consumers to avoid purchasing the seafood due to concerns about the impact of fishing gear on the endangered North Atlantic right whale. ​ 

Background

Seafood Watch, a conservation initiative by the Monterey Bay Aquarium, aims to guide consumers and businesses toward sustainable seafood choices. In 2022, the program added lobster from the U.S. and Canada to its "red list," citing the potential threat lobster fishing gear poses to the North Atlantic right whale, a species with a population of fewer than 400 individuals. This designation led some retailers to remove lobster products from their offerings, significantly impacting the industry's reputation and sales. ​ 

Legal Proceedings

In response to the red listing, the Maine Lobstermen's Association and other industry stakeholders filed a defamation lawsuit against the Monterey Bay Aquarium Foundation in 2023. The plaintiffs argued that the red listing caused substantial harm to their livelihoods and the industry's reputation. They contended that the aquarium's statements were defamatory and not based on conclusive evidence linking Maine's lobster fishing practices to right whale fatalities. ​ 

Judge John Woodcock ruled that the fishermen presented a plausible case of reputational harm resulting from the red listing, allowing the defamation lawsuit to proceed. He noted that "reputation and goodwill cannot be adequately replaced through awarding damages and this injury lingers as long as the 'red listing' does." ​ 

Reactions

The Monterey Bay Aquarium has expressed its intention to appeal the decision, emphasizing its commitment to informing the public about environmental concerns. Emerson Brown, a spokesperson for the aquarium, stated that the organization seeks to "protect our ability to share critical information with the public." ​ 

Conversely, the Maine Lobstermen's Association hailed the ruling as a significant step toward defending their industry. 

Industry Impact

The lobster industry is a vital component of Maine's economy, with a dock value exceeding half a billion dollars in recent years. The red listing and subsequent retailer responses have raised concerns about the future viability of the industry and the livelihoods of those it supports. The ongoing legal battle underscores the tension between environmental conservation efforts and the economic interests of traditional industries.​ 

As the case progresses, it will likely set a precedent for how environmental advisories impact industries and the extent to which organizations can be held accountable for the economic repercussions of their sustainability ratings.

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