In the News

Chris Kulander in the Dallas Morning News: Rural Collin County Landowner Fighting Seaway Oil Pipeline Project

The 500-mile pipeline that crosses Freddy Davenport’s land was designed 37 years ago to siphon crude from the Gulf Coast and transport it to Oklahoma. Since May 2012, it has been moving oil the other way around. >>



Christopher S. Kulander

Of Counsel

Houston


1221 McKinney Street
Suite 2100
Houston, 77010
T +1 713.547.2059
F +1 713.236.5577

Áreas de Practica

Educación

  • J.D., University of Oklahoma College of Law, 2005, with distinction; Managing Editor, Oklahoma Bar Mineral Law Newsletter; Note Editor and Assisting Managing Editor, American Indian Law Review; Research assistant for Owen L. Anderson, Eugene Kuntz Chair of Oil and Gas Law 2002-2005
  • Ph.D., Geophysics (Petroleum Seismology), Texas A&M University, 1999
  • M.S., Geophysics, Wright State University, 1995
  • B.S., Geology, Wright State University, 1993

Bar Admissions

  • New Mexico
  • Texas
Christopher S. Kulander

Chris Kulander joined Haynes and Boone in August, 2007 and served as an associate until May 2011. He then joined the law faculty at Texas Tech University in Lubbock, where he teaches courses covering oil and gas and property law. He continues to assist Haynes and Boone with questions and issues of oil and gas law and is a firm resource for the geosciences. Prior to entering law school, he served as a geophysicist for the United States Geological Survey in Denver.

Courses

  • Oil & Gas Law I
  • Oil & Gas Law II
  • Property
  • Mining Law
  • Energy Law
  • International Energy Law (at Vytautas Magnus University, Kaunas, Lithuania)

Casebook

Cases and Materials on Oil and Gas Law (6th Ed. West 2012) (with Professors Ernest Smith, John Lowe, and Owen Anderson).

Other Books

  • Teacher's Manual for Cases and Materials on Oil and Gas Law (6th Ed. West 2012) (with Professors Ernest Smith, John Lowe, and Owen Anderson).
  • Forms Manual for Cases and Materials on Oil and Gas Law (6th Ed. West 2012) (with Professors Ernest Smith, John Lowe, and Owen Anderson).

Law Review Articles

  • Common Law Aspects of Shale Oil & Gas Development, 49 IDAHO L. REV. 3 (2013) (in press).
  • The Executive Right to Lease Mineral Real Property in Texas Before and After Lesley v. Veterans Land Board, 44 ST. MARY’S L.J. 1, (2013) (in press).
  • Shale Oil & Gas State Regulations Issues and Trends, 63 CASE W. RES. L. REV. 4 (2013) (in press).
  • American Law and Jurisprudence on Fracing—2012, ROCKY MTN. MIN. L. INST., Vol. 49, No. 2 (2012) (with Thomas Kurth, Michael Mazzone, and Mary Mendoza).
  • Environmental Effects of Petroleum Production: 2010-2011 Texas Legislative Developments, TEX. TECH L. REV., Vol. 44, No. 4 (2012).
  • Navasota v. First Source Texas and Its Effects on Packaged Sales and Preferential Rights to Purchase Clauses, S. TEX. L. REV., Vol. 52, No. 2 (2011) (with Kirk Worley).
  • The Arctic: Past the Last Frontier, THE NORTHERN MARINER/LE MARIN DU NORDM, Vol. 20, No. 1 (2010) (with Sergei Lomako).
  • American Law and Jurisprudence on Fracing, ROCKY MTN. MIN. L. INST., Vol. 47, No. 2 (2010) (with Thomas Kurth, Michael Mazzone, and Mary Mendoza).
  • Big Money vs. Grand Designs: Revisiting the Executive Right to Lease Oil & Gas Interests, TEX. TECH L. REV., Vol. 42, No. 1 (2009).
  • Surface Damages, Site-Remediation and Well Bonding in Wyoming - Results and Analysis of Recent Regulations, WYO. L. REV., Vol. 9, No. 2 (2009).
  • A Flock of Trouble: Liability Under Oil and Gas Joint Operating Agreements After Seagull v. Eland, TEX. WESLEYAN L. REV., VOL. 14, NO. 2 (2008) (with David Lauritzen).
  • Split-Estate Issues on Indian Lands, TEX J. OIL, GAS & ENERGY L., Vol. 2, No. 1 (2007).
  • Take-or-Pay Royalties, the Trust Doctrine, and the Shoshone Case, AM. INDIAN L. REV., Vol. 39, No. 1 (2005).

Other Publications

  • Shale Oil and Gas State Regulatory and Litigation Issues and Trends in Texas, Proceedings of Environmental Impacts of Oil & Gas Production, San Antonio, TexasBarCLE and Texas Tech School of Law, Jan. 25, 2013.
  • The Arctic is White Hot, OIL, GAS & ENERGY LAW INTELLIGENCE (OGEL) Special Edition—Arctic Region: Boundaries, Resources and the Promise of Co-operation, Edited by James Lloyd Loftis, Timothy J. Tyler, and Adrianne Goins, Vol. 10, Issue 2, Jan. 2012 (with Sergei Lomako).
  • Exploring the Great White North, OIL AND GAS INVESTOR, Vol. 30, No. 9, Sep. 2010.
  • Gas Shale and Hydraulic Fracturing Work for Our Nation, ENVIRONMENTAL LEADER, Oct. 25, 2010.
  • Surface Use and Access for Oil and Gas Exploration in Frontier Areas, LANDMAN, Vol. 54, No. 3, May/June 2009.
  • The New Petroleum Categories and Valuation Requirements of the SEC, Oklahoma Mineral Law Section Newsletter, Vol. XXX, No. 3, Jul. 2009 (with Bill Nelson).
  • Operator Removal Under Form Joint Operating Agreements in Texas, Permian Basin Landmen Association Newsletter, May 2009.
  • Wagner & Brown, Ltd. v. Sheppard - the Supreme Court Releases Opinion Affecting Texas Landmen, Houston Association of Professional Landmen Newsletter, May 2009.
  • Additional Provisions to Form Joint Operating Agreements, Oil, Gas & Energy Resources Law Section Report, State Bar of Texas, Vol. 33, No. 2, Dec. 2008 (with Mark Mathews).
  • Practitioner’s Pathfinder for Approaching Foreign Investment in Oil & Gas Real Property in Texas and New Mexico, TEXAS TRANSNATIONAL LAW QUARTERLY, Vol. 21, No. 3, Jun. 2008.
  • The Art of Reconciling the Joint Operating Agreement and the COPAS Accounting Procedure, Arkansas Bar Association Natural Resource Law Institute, Feb. 2006 (with Susan Richardson).
  • Gas Balancing Agreements - Fundamentals & New Developments, Oklahoma Mineral Law Section Newsletter, Vol. XXVI, No. 5, Dec. 2005.
  • Regional Seismic Lines Across the Rome Trough and Alleghany Plateau of northern West Virginia, western Maryland, and southwestern Pennsylvania, U.S. Geological Survey, Geological Investigations Series Map I-2791, 2005 (with Robert Ryder).
  • Interpreted Regional Seismic Reflection Lines, National Petroleum Reserve in Alaska, U.S. Geological Survey, Open-File Report 2005-1402, Dec. 2005 (with Christopher Potter).

Upcoming and Recent Presentations

  • How Should Fracking be Regulated?, Apr. 19, 2013, New York City, Columbia Law School (Presentation title: “State Regulation of Onshore Unconventional Oil & Gas Development”)
  • Legal and Regulatory Issues on Hydraulic Fracturing, Mar. 29, 2013, Boise, University of Idaho School of Law 2013 Law Review Symposium (Presentation title: “Hydraulic Fracturing and the Common Law”)
  • Fifth Annual Energy Symposium, Mar. 22, 2013, Ft. Worth, TX, Texas Wesleyan School (Presentation title: “Updates in Texas Oil & Gas Case Law”)
  • Permian Basin Oil & Gas Law, Feb. 22, 2013, Midland, Texas, Live Oak CLE (Presentation title: “Executive Rights & Self-Development Right of Mineral Co-Tenants”)
  • Environmental Impacts of Oil & Gas Production, Jan. 25, 2013, San Antonio, TexasBar CLE and Texas Tech School of Law (Presentation titles: “Texas Legislative Regulatory Developments and General Tort Trends Related to Hydraulic Fracturing” and "The Federal Role in Regulating Hydraulic Fracturing")
  • Annual Case Law Update, Jan. 22, 2013, Houston, Houston Bar Association Oil & Gas Section (Presentation title: “Oil & Gas Case Law Update—2012”)
  • The Law and Policy of Hydraulic Fracturing—Addressing the Issues of the Natural Gas Boom, Nov. 16, 2012, Cleveland, OH, Case Western Reserve School of Law (Presentation title: “State Regulation of Hydraulic Fracturing: Issues and Trends”)
  • NSF-SFS Workshop on Educational Initiatives in Cybersecurity for Critical Infrastructure, Nov. 9, 2012, Lubbock, TX, Texas Tech University (Presentation title: “American Energy Property and Foreign Ownership, Control & Threats”)
  • Oil and Gas Law Annual Short Course, Oct. 18, 2012, Houston, Rocky Mountain Mineral Law Foundation (Presentation titles: “The Oil & Gas Lease: Defining the Royalty Obligation” and “Drilling Contracts”)
  • The Water-Energy Nexus: Acquisition, Use, and Disposal of Water for Energy and Mineral Development, Sep. 13-14, 2012, Denver, Rocky Mountain Mineral Law Foundation (Presentation title: “State Regulatory Issues”)
  • Shale Gas: Lessons and Implications of the American Experience for Europe, Sep. 7, 2012, Houston, Haynes and Boone, LLP (Presentation titles: “Basics of Shale Geology and Mechanics of Hydraulic Fracturing” & “The American Experience with Horizontal Well Hydraulic Fracture Completion”)
  • 58th Annual Rocky Mountain Mineral Law Institute, Jul. 19-21, 2012, Newport Beach, CA, Rocky Mountain Mineral Law Foundation (Presentation title: “One Fracing Regulatory Scheme to Rule Them All—Where Are the States Going & Will the EPA Stop Them?”)
  • Oklahoma Bar Association Mineral Law Section Meeting, Mar. 8, 2012, Oklahoma City, (Presentation title: “(Some of) What Every Energy Lawyer Should Know about Geophysics + Thoughts on Trespass”)
  • Federalism and Energy in the United States, Mar. 1-2, 2012, Chicago, Northwestern University Law School (Presentation title: “If State Regulators Build the House We Want, Will the Feds Allow Us to Live in It?”)
  • Environmental Impacts of Oil and Gas Production, Jan. 13, 2012, Houston, State Bar of Texas and Texas Tech School of Law (co-sponsored). (Presentation Title: “2011 Texas Legislative Developments”)
  • Hydraulic Fracturing: Core Issues and Trends, Nov. 17, 2011, Denver, Rocky Mountain Mineral Law Foundation (Presentation title: “2011 Update on State Statutory, Regulatory and Litigation of Hydraulic Fracturing—Mid-Continent”)
  • Drilling Down on Regulatory Challenges: Balancing Preservation and Profitability in the Development of Shale Gas Resources, Oct. 28, 2011, Morgantown, WV, University of West Virginia School of Law (Presentation title: “Experience from Other Shale Regions—Texas and Oklahoma”)
  • Better Than Barnett: Legal and Regulatory Issues in the Eagle Ford Shale, Oct. 18, 2011, Houston, Haynes and Boone, LLP (Presentation title: “2011 Update on Core Issues and Trends in the Eagle Ford Shale”)
  • 2nd Conference on the Law of Shale Plays, Sep. 7-8, 2011, Ft. Worth, TX, Institute for Energy Law of The Center for American and International Law (Presentation title: “State Legal and Regulatory Aspects of Hydraulic Fracturing”)

Selected Representative Experience


Replacement of Well Operator
Represented working interest owner and successfully removed the operator for misappropriating joint interest funds and installed client as the new operator.

Memberships

  • Texas Bar Association
  • New Mexico Bar Association
  • CAIL Institute for Energy Law

Online Publications

12/21/2012 - American Law and Jurisprudence on Fracing - 2012
Haynes and Boone, LLP energy attorneys have published an update to their comprehensive and highly regarded “American Law and Jurisprudence on Fracking,” a white paper that examines the legal, environmental and regulatory climate in active shale play states.

02/13/2012 - Oil, Gas & Energy Law Intelligence Guest Article: The Arctic is White Hot
With its permanent icecap shrinking, and with the Antarctic closed for commercial exploration and military use, interest in the Arctic Ocean for oil and gas exploration and transportation is increasing.

08/23/2011 - Fracking Legal Landscape Updated in Haynes and Boone White Paper
HOUSTON – Haynes and Boone, LLP energy attorneys have published an update to their comprehensive and highly regarded “American Law and Jurisprudence on Fracking,” a white paper that examines the legal, environmental and regulatory climate in active shale play states.

02/18/2011 - New Requirements in Texas for Approval of Plugging Extensions
Effective September 1, 2010, the Texas Railroad Commission issued new regulations for oil and gas operators related to inactive onshore wells and associated equipment pursuant to House Bill 2259 which dramatically changed requirements for extension of plugging obligations for inactive wells.

01/06/2011 - Feds Convene Meeting to Discuss Regulations Curtailing Offshore Natural Gas Venting
In a move that indicates significant regulatory changes may be coming to deepwater operations, federal authorities are eyeing new rules curtailing venting of natural gas in the Gulf of Mexico.

12/01/2010 - American Law and Jurisprudence on Fracking
The substantial growth of domestic unconventional shale resources in recent years has partially been a result of the increase in the use of hydraulic fracturing. This report deals with hydraulic fracturing and the legal and technical issues associated with it.

10/25/2010 - Gas Shale and Hydraulic Fracturing Work for Our Nation
Recent distress in the nation’s economy has not dampened the new natural gas boom sweeping up the Appalachians. Until recently, natural gas could not be economically produced from “tight” rock formations like the Marcellus Shale stretching from Western New York into Pennsylvania, Ohio and West Virginia. The widespread use of modern hydraulic fracturing techniques has changed that.

09/15/2010 - Exploring the Great White North
The Arctic Ocean is vast both geographically - covering more than 14 million square kilometers, an area comparable to onshore Russia - and in its hydrocarbon resource potential.

08/25/2010 - Gas Bonanza: How hydraulic fracturing can work for New York
Recent distress in the economy has not dampened the new natural gas boom sweeping up the Appalachians. Until recently, natural gas could not be economically produced from “tight” rock formations like the Marcellus Shale in Upstate New York. The widespread use of modern hydraulic fracturing techniques has changed that.

08/24/2010 - Recent Statutory and Regulatory Developments Related to Hydraulic Fracturing in New York, Pennsylvania, West Virginia and Ohio
The use of hydraulic fracturing, sometimes called "fracking," has made it economically possible to produce hydrocarbons, mainly gas, from the central Appalachian region of the eastern United States. Shale gas development from the Marcellus Shale is focused in four states: New York, Pennsylvania, West Virginia and Ohio.

08/22/2010 - Gas shale and ‘fracing’ work for New York
Recent distress in the nation’s economy has not dampened the new natural gas boom sweeping up the Appalachians. Until recently, natural gas could not be economically produced from “tight” rock formations like the Marcellus Shale in Western New York. The widespread use of modern hydraulic fracturing techniques has changed that.

07/16/2010 - Shale wells are well-regulated: Pennsylvania has all the tools it needs to extract gas safely
Americans everywhere are familiar with the iconic Pennsylvania image of Drake's Well in Titusville, the first oil well in America. Nowadays, oil and gas are often extracted from "tight" rock formations that do not allow for "gushers" like in the old movies.

07/08/2010 - Law Applicable to Hydraulic Fracturing in the Shale States
The use of hydraulic fracturing has made it economically possible to produce hydrocarbons from reservoirs which previously would have been uneconomical to develop. Now, an extraordinary oil and gas boom is afoot in America, and onshore natural gas production is advancing at an extraordinary pace.

04/01/2010 - The Arctic: Past the Last Frontier
The use of the Arctic Ocean for exploration and transportation is increasing, as is disagreement regarding the rights of nations encircling it - Canada, Finland, Denmark (Greenland), Russia, and the United States.

03/03/2010 - Guide to SEC Reporting Changes (Revised)
Since the start of 2009, there have been material changes to the form and content of periodic reports and proxy statements. This memorandum outlines the changes in the federal securities laws and New York Stock Exchange (“NYSE”) rules since January 2009 that impact the form and content of 2009 Forms 10-K and 2010 proxy statements for domestic issuers subject to Regulation S-K.

09/01/2009 - Revisiting the Executive Right to Lease Oil & Gas Interests
In Texas, a fee simple absolute ownership of the entirety of a parcel of land includes both a surface and mineral estate. This article provides an introduction to the concepts of executive rights and examines various issues related to the executive right to lease oil and gas interests and other duties of the executive.

05/22/2009 - Operator Removal Under the 1989 Form "Joint Operating Agreement" in Texas
In the current difficult economic climate, the number of operators having problems making timely payment to contractors for oilfield services is increasing. Litigation over whether certain exploration and production activities of an operator constitute a violation of the “good and workmanlike” standard has often ended favorably for operators. However, questions related to the financial obligations of an operator are different in recent case law.

05/01/2009 - Surface Use and Access for Oil and Gas Exploration in Frontier Areas
Leasing and exploration for oil and gas can cause headaches for landmen and lawyers when actual ownership varies from ownership of record and the surface and mineral estate have been separated. In such cases, the surface owner may have no incentive to see minerals developed and may be opposed if the development will cause him nuisance or harm the value of his surface properties. In addition, periods of high prices have empowered surface mineral owners to make more demands from operators.
Reprinted with permission from the May/June 2009 Landman Magazine © 2009 American Association of Professional Landmen.

05/01/2009 - Surface Damages, Site-Remediation and Well Bonding in Wyoming - Results and Analysis of Recent Regulations
A great oil and gas boom is afoot in America and Canada and onshore production is advancing at an extraordinary pace. For some states, this production is without historical precedent. Consequently, they are now facing the environmental and surface-use issues related to hydrocarbon development that states with established production have wrestled with for a long time…
Reprinted courtesy of Wyoming Law Review, Summer 2009.

04/23/2009 - Staking Claim On The Last Energy Frontier
The Arctic is warming up in more ways than one. Roused by oil and gas exploration and cross-polar shipping, the nations bordering the Arctic are jostling for position.
Reprinted with permission from Law360, www.law360.com

03/01/2009 - SEC Adopts New Reserve Definition
The Securities and Exchange Commission (SEC) recently made its first major modification to reserve reporting requirements since 1982. The SEC’s new rules rely in part on the definitions contained in the Petroleum Resource Management System as adopted by the Society of Petroleum Engineers (SPE) and other organizations in March 2007. The new rules will allow exploration and production companies to provide additional, relevant information on their asset base and management’s decision making process.
© Bloomberg Finance L.P. 2009. Originally published by Bloomberg Finance LP. Reprinted by permission.

01/26/2009 - SEC Issues New Reserve Reporting Requirements
On December 29, 2008, the U.S. Securities and Exchange Commission (“SEC”) released revisions to its reserve reporting requirements. The new rules are effective as of January 1, 2010, and early compliance is not permitted.

12/01/2008 - Additional Provisions to Form Joint Operating Agreements
Reprinted with permission from Oil, Gas and Energy Resources Law Section of the State Bar of Texas, Vol. 33, No. 2, December 2008
In 1956, the American Association of Petroleum Landmen (“AAPL”) published the first version of its model form joint operating agreement, designated AAPL Form 610 (“JOA”). This form is now the most popular form in use for parties seeking to combine oil and gas leases owned by multiple parties into an operating area and govern subsequent operations thereon. While there are other operating agreement forms, most have evolved from one of the earlier forms developed by the AAPL, including domestic offshore joint operating agreements. “As a result, judicial and academic concepts developed in the context of one JOA or one dispute are increasingly viewed as generally applicable to all JOAs.”

06/01/2008 - Practitioner’s Pathfinder for Approaching Foreign Investment in Oil & Gas Real Property in Texas and New Mexico
Transnational Law Quarterly, Vol. 21, No. 3, June, 2008. Reprinted by permission.
This article details certain regulations, restrictions, reporting rules and treaties that govern, encumber and protect the direct purchase and ownership of oil and gas real property within the United States by companies organized outside the United States, with the aim of providing a roadmap for domestic or foreign practitioners considering questions of direct or subsidiary foreign investment in oil and gas real properties located, more specifically, in Texas or New Mexico.