Maine Lobster Industry’s Suit Against a California Aquarium Hits Snag

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If a California aquarium had its way, Maine’s lobster industry would be banned.

A federal appeals court is raising questions about a defamation lawsuit filed by Maine’s lobster industry against a prominent seafood sustainability group.

The Maine Lobstermen’s Association and other plaintiffs sued the Monterey Bay Aquarium over a 2022 report from its Seafood Watch program that gave Maine lobster a “red” rating and urged consumers to avoid buying it.

The report cited concerns that lobster fishing gear could harm endangered North Atlantic right whales. The lawsuit claims the rating damaged the industry and contributed to lobster prices dropping by about 40%.

The aquarium is asking the 1st U.S. Circuit Court of Appeals in Boston to throw out the case, arguing the report is protected scientific opinion and free speech.

During arguments Monday, Judge Seth Aframe questioned whether allowing an entire industry to sue over such statements could create broader First Amendment concerns.

A federal judge previously refused to dismiss the lawsuit, allowing the case to move forward.

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