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Randall S. Abate, J.D.

Rechnitz Family Endowed Chair in Marine and Environmental Law and Policy

Professor, Department of Political Science and Sociology

J.D., Vermont Law School

MSEL (Environmental Law and Policy), Vermont Law School

B.A., University of Rochester

Office
Bey Hall, 254
Phone
732-571-3641
Email
rabate@monmouth.edu
Office Hours
  • Thursday 10-11am
  • Thursday: 2-3pm
Courses this Semester
PS 330 / PO 330: Environmental Policy
Regularly Taught Courses
PS 298: Animal Law and Policy
PS 312: Constitutional Law: Civil Rights
PS 330 / PO 330: Environmental Policy
PR 459: The Science and Politics of Climate Change
About

Randall S. Abate is the inaugural Rechnitz Family Endowed Chair in Marine and Environmental Law and Policy and a Professor in the Department of Political Science and Sociology. He teaches courses in domestic and international environmental law, constitutional law, and animal law. Professor Abate joined the Monmouth faculty in 2018 with 24 years of full-time law teaching experience at six U.S. law schools, most recently as a Professor of Law from 2009-2018 at Florida A&M University College of Law in Orlando, Florida, where he also served as Associate Dean for Academic Affairs in 2017. He has also taught at Florida State University College of Law, Florida Coastal School of Law, Rutgers School of Law (Camden), Widener University School of Law (Harrisburg), and Vermont Law School.

Professor Abate has taught international and comparative law courses—and delivered lecture series—on environmental and animal law topics in Argentina, Australia, Brazil, Canada, Cayman Islands, China, India, Kenya, Kyrgyzstan, South Africa, South Korea, Spain, the United Kingdom, and Vanuatu. In April 2014, he taught a Climate Change Law and Justice course at the National Law Academy in Odessa, Ukraine on a Fulbright Specialist grant. Professor Abate has delivered invited lectures on climate justice and animal law topics at several of the top law schools in the world, including Harvard, Cambridge, Oxford, Yale, the University of Pennsylvania, the University of Sydney, the University of Melbourne, and Seoul National University.

Professor Abate has published five books—and more than thirty law journal articles and book chapters—on environmental and animal law topics, with a recent emphasis on climate change law and justice. Early in his career, Professor Abate handled environmental law matters at two law firms in Manhattan.

Research Interests

Climate change law and justice, ocean and coastal law and policy, animal law and policy, constitutional law

Publications
Books

Books

  • Climate Change and the Voiceless: Protecting Future Generations, Wildlife, and Natural Resources (Cambridge University Press, forthcoming August 2019)
  • Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016)
  • What Can Animal Law Learn From Environmental Law? (ELI Press 2015)
  • Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives (Oxford University Press 2015)
  • Climate Change and Indigenous Peoples: The Search for Legal Remedies (co-edited with Elizabeth Kronk Warner) (Edward Elgar Publishing 2013)
  • Directory of Environmental Law Education Opportunities at American Law Schools (Carolina Academic Press 2007)

Book Chapters

  • Atmospheric Trust Litigation in the United States: Pipe Dream or Pipeline to Justice for Future Generations?, in Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016)
  •  Climate Change Impacts on Ocean and Coastal Law: Scientific Realities and Legal Responses (with Dr. Sarah Krejci) in Climate Change Impacts on Ocean and Coastal Law: U.S. and International Perspectives (Oxford University Press 2015)
  • Ocean Iron Fertilization: Science, Law and Uncertainty, in Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, and Governance Frameworks (Cambridge University Press 2013)
Scholarly Articles
  • Atmospheric Trust Litigation as a Platform for a Constitutionally Protected Right to a Stable Climate System, 9 Geo. Wash. J. Energy & Envtl. L. (invited symposium submission) (forthcoming Fall 2018)
  • From Inside the Cage to Outside the Box: Natural Resources as a Platform for Nonhuman Animal Personhood in the U.S. and Australia, 5 Global J. Animal L. 54 (2017) (co-authored with Jonathan Crowe)
  • Banning Metal Mining in Guatemala, 40 Vt. L. Rev. 597 (2016) (co-authored with Raquel Aldana)
  • Ocean Iron Fertilization and Indigenous Peoples’ Right to Food: Leveraging International and Domestic Law Protections to Enhance Access to Salmon in the Pacific Northwest, 20 UCLA J. Int’l L. & Foreign Aff. 45 (2016)
  • Comment on Maxine Burkett’s Rehabilitation: A Proposal for a Climate Compensation Mechanism for Small Island States, 13 Santa Clara J. Int’l L. 125 (2015)
  • Corporate Responsibility and Climate Justice: A Proposal for a Polluter-Financed Relocation Fund for Federally Recognized Tribes Imperiled by Climate Change, 25 Fordham Envtl. L. Rev. 10 (2013) (lead article, symposium issue)
  • International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples, 43 U. Ottawa L.J. 113 (2013) (invited symposium submission) (co-authored with Elizabeth Kronk Warner)
  • Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and its Impacts on Indigenous Peoples, 26 Tul. Envtl. L. J. 179 (2013) (co-authored with Elizabeth Kronk Warner) (lead article in special issue on climate change and indigenous peoples)
  • A Tale of Two Carbon Sinks: Can Forest Carbon Management Serve as a Framework to Implement Ocean Iron Fertilization as a Climate Change Treaty Compliance Mechanism?, 1 Seattle J. Envtl. L. 1 (2011) (lead article of inaugural issue)
  • NEPA, National Security, and Ocean Noise: The Past, Present, and Future of Regulating the Impact of Navy Sonar on Marine Mammals, 14 J. Int’l Wildlife L. & Pol’y 326 (2010)
  • REDD, White, and Blue: Is Proposed U.S. Climate Legislation Adequate to Promote a Global Carbon Credits System for Avoided Deforestation in a Post-Kyoto Regime?, 19 Tul. J. Int’l & Comp. L. 95 (2010) (invited symposium submission)
  • Public Nuisance Suits for the Climate Justice Movement: The Right Thing and the Right Time, 85 Wash. L. Rev. 197 (2010) (lead article, symposium issue)
  • Sowing Seeds Uncertain: Ocean Iron Fertilization, Climate Change, and the International Environmental Law Framework, 27 Pace Envtl. L. Rev. 555 (2010) (co-authored with Andrew B. Greenlee)
  • A Green Solution to Climate Change: The Hybrid Approach to Crediting Reductions in Tropical Deforestation, 20 Duke Envtl. L. & Pol’y F. 87 (2009) (co-authored with Todd A. Wright)
  • Marine Protected Areas as a Mechanism to Promote Marine Mammal Conservation: International and Comparative Law Lessons for the United States, 88 Or. L. Rev. 255 (2009)
  • Massachusetts v. EPA and the Future of Environmental Standing in Climate Change Litigation and Beyond, 33 Wm. & Mary Envtl. L. & Pol’y Rev. 121 (2008) (invited)
  • Automobile Emissions and Climate Change Impacts: Employing Public Nuisance Doctrine as Part of a “Global Warming Solution” in California, 40 Conn. L. Rev. 591 (2008) (lead article)
  • Climate Change, the United States, and the Impacts of Arctic Melting: A Case Study in the Need for Enforceable International Environmental Rights, 26A Stan. Envtl. L.J. 3 (2007) (lead article)
  • Kyoto or Not, Here We Come: The Promise and Perils of the Piecemeal Approach to Climate Change Regulation in the United States, 15 Cornell J.L. & Pub. Pol’y 369 (2006)
  • Dawn of a New Era in the Extraterritorial Application of U.S. Environmental Statutes: A Proposal for an Integrated Judicial Standard Based on the Continuum of Context, 31 Colum. J. Envtl. L. 87 (2006)
  • Pesticides and Water Don’t Mix: Addressing the Need to Close a Regulatory Gap Between FIFRA and the CWA, 35 Envtl. L. Rep. 10055 (2005) (co-authored with Matthew T. Stanger)
  • It’s All About What You Know: The Specific Intent Standard Should Govern Knowing Violations of the Clean Water Act, 9 N.Y.U. Envtl. L.J. 304 (2001) (co-authored with Dayna E. Mancuso)
  • The Biosafety Protocol and The World Trade Organization: Can the Two Coexist?, 12 Pace Int’l L. Rev. 107 (2000) (with Gretchen L. Gaston)
  • Rethinking Citizen Suits for Past Violations of Federal Environmental Laws: Recommendations for the Next Decade of Applying the Gwaltney Standard, 16 Temp. Envtl. L. & Tech. J. 1 (1997) (lead article)
  • Constitutional Limitations on Anticompetitive State and Local Solid Waste Management Schemes: A New Frontier in Environmental Regulation, 14 Yale J. on Reg 365 (1997) (co-authored with Mark E. Bennett)
  • Sovereign Immunity and Citizen Enforcement of Federal Environmental Laws: A Proposal for a New Synthesis, 15 Va. Envtl. L.J. 1 (1995) (co-authored with Carolyn H. Cogswell) (lead article)
  • Broadening the Scope of Environmental Standing: Procedural and Informational Injury-in-Fact After Lujan v. Defenders of Wildlife, 12 UCLA J. Envtl. L. & Pol’y 345 (1994) (co-authored with Michael J. Myers)