Chris Kulander

Practices

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Education and Clerkships

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

Admissions

Texas

Profile

Chris Kulander joined Haynes and Boone in August 2007 and served as an associate until May 2011. After teaching at Texas Tech for three years, he joined the South Texas College of Law Houston in August 2014 as Professor and Director of the school's new Harry L. Reed Oil and Gas Law Institute. At the South Texas College of Law Houston, he teaches courses covering oil and gas, energy, 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.

Additionally, Chris has served as an Expert Witness - Oil & Gas Instrument interpretation in the following cases:

  • Threshold Development Company v. June Energy, LLC et al., Cause No. 2013-7589, Crosby County, Texas, 72nd Judicial District
  • Bradley and Randi Aery v. Hoskins Inc. et al, Cause No. M-12-0045-CV-A, McMullen County, Texas, 36rd Judicial District

Courses

  • Oil & Gas Law
  • Domestic Petroleum Transactions
  • Domestic Energy Law
  • International Energy Law (at Vytautas Magnus University, Kaunas, Lithuania)

Professional and Community Activities

  • Texas Bar Association
  • CAIL Institute for Energy Law
  • Rocky Mountain Mineral Law Foundation
  • South Texas Oil and Gas Law Institute
  • The Property and Environment Research Center

 

Featured Presentations

  • Fixed vs. Floating Non-Participating Oil & Gas Royalty in Texas: And the Battles Rage On... TEX. A&M L. REV., Vol 4, No. 2 (2016)
  • Comparing Subsurface Trespass Jurisprudence—Geophysical Surveying and Hydraulic Fracturing, N.M. L. REV., Vol. 46, No. 1, (2015) (with R. Jordan Shaw)
  • Old Faves and New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems and Solutions, OIL AND GAS, NAT. RESOURCES, AND ENERGY J., Vol. 1 & 2, 103 pages in two parts (2015)
  • Edwards Aquifer Authority v. Day and Bragg — Predictions on Their Effects for Regulatory Takings Claims for Groundwater Used in Oil & Gas Operations, 66 BAYLOR L. REV. 471 (2014)
  • The Executive Right to Lease after KCM Financial, LLC v. Bradshaw and a Louisiana Solution to a Texas Problem, ST. MARY’S L.J., Vol. 47, No. 2 (2017) (in press)

Selected Publications and Speeches

Casebook, Supporting Materials, and Book Chapters

  • “United States Offshore Licensing and Concession System” in Regulation of the Upstream Petroleum Sector: A Comparative Study of Licensing and Concession Systems, T. Hunter, editor (Edward Elgar, UK, 2015) (with Professor Owen Anderson)
  • Forms Manual for Cases and Materials on Oil and Gas Law (6th Ed. West 2015) (with Professors Ernest Smith, John Lowe, and Owen Anderson)
  • Cases and Materials on Oil and Gas Law (6th Ed. West 2012) (with Professors John Lowe, Owen Anderson, Ernest Smith, and David Pierce)
    Teacher’s Manual for Cases and Materials on Oil and Gas Law (6th Ed. West 2012) (with Professors John Lowe, Owen Anderson, Ernest Smith, and David Pierce)

Law Review Articles

  • The Executive Right to Lease after KCM Financial, LLC v. Bradshaw and a Louisiana Solution to a Texas Problem, ST. MARY’S L.J., Vol. 47, No. 2 (2017) (in press)
  • Fixed vs. Floating Non-Participating Oil & Gas Royalty in Texas: And the Battles Rage On... TEX. A&M L. REV., Vol 4, No. 2 (2016)
  • Comparing Subsurface Trespass Jurisprudence—Geophysical Surveying and Hydraulic Fracturing, N.M. L. REV., Vol. 46, No. 1, (2015) (with R. Jordan Shaw)
  • Edwards Aquifer Authority v. Day and Bragg — Predictions on Their Effects for Regulatory Takings Claims for Groundwater Used in Oil & Gas Operations, 66 BAYLOR L. REV. 471 (2014)
  • Intruder Alert! Running the Regulatory Gauntlet to Purchase, Own, and Operate American Energy/Mineral Assets by Foreign Entities, 46 TEX. TECH L. REV. 995 (2014)
  • Out Through the In Door—Shale Gas Set to Reverse the Direction of LNG Sales in America, 2 LSU J. OF ENERGY L. & RESOURCES 204 (2014)
  • Common Law Aspects of Shale Oil & Gas Development, 49 IDAHO L. REV. 367 (2013)
  • The Executive Right to Lease Mineral Real Property in Texas Before and After Lesley v. Veterans Land Board, 44 ST. MARY’S L.J. 529 (2013)
  • Shale Oil & Gas State Regulations Issues and Trends, 63 CASE W. RES. L. REV. 1101 (2013)
  • American Law and Jurisprudence on Fracing—2012, 58 ROCKY MTN. MIN. L. INST. 4-1, 188 pages (2012) (with Thomas Kurth, Michael Mazzone, and Mary Mendoza)
  • Navasota v. First Source Texas and Its Effects on Packaged Sales and Preferential Rights to Purchase Clauses, 52 S. TEX. L. REV. 233 (2011) (with Kirk Worley)
  • The Arctic: Past the Last Frontier, 20 NORTHERN MARINER/LE MARIN DU NORDM 71 (2010) (with Sergei Lomako)
  • Big Money vs. Grand Designs: Revisiting the Executive Right to Lease Oil & Gas Interests, 42 TEX. TECH L. REV. 33 (2009)
  • Surface Damages, Site-Remediation and Well Bonding in Wyoming - Results and Analysis of Recent Regulations, 9 WYO. L. REV. 413 (2009)
  • A Flock of Trouble: Liability Under Oil and Gas Joint Operating Agreements After Seagull v. Eland, 14 TEX. WESLEYAN L. REV. 217 (2008) (with David Lauritzen)
  • Split-Estate Issues on Indian Lands, 2 TEX J. OIL, GAS & ENERGY L. 125 (2007)
  • Take-or-Pay Royalties, the Trust Doctrine, & the Shoshone Case, 29 AM. INDIAN L. REV. 101 (2005)

Other Publications

  • 2015 Oil & Gas Case Law Update, 41 T. MARSHALL L. REVIEW 151, 64 pages (2016)
  • The Executive Right to Lease, LANDMAN, Vol. 60, No. 5, Oct. 2015
  • 2014 Oil & Gas Case Law Update, 47 TEX. TECH L. REV. 661, 63 pages (2015)
  • Old Faves and New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems and Solutions, OIL AND GAS, NAT. RESOURCES, AND ENERGY J., Vol. 1 & 2, 103 pages in two parts (2015)
  • 2013 Oil, Gas, & Energy Case Summaries, 9 TEX J. OIL, GAS & ENERGY L. 381, 31 pages (2014)
  • 2012 Texas Oil & Gas Case Law Update, 1 TEX. A&M L. REV. 287, 18 pages (2013)
  • 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 & the Promise of Co-operation, Vol. 10, Issue 2, Jan. 2012 (with Sergei Lomako)
  • Environmental Effects of Petroleum Production: 2010-2011 Texas Legislative Developments, TEX. TECH L. REV., Vol. 44, No. 4 (symposium article) (2012)
  • Gas Shale and Hydraulic Fracturing Work for Our Nation, ENVIRONMENTAL LEADER, Oct. 25, 2010
  • Exploring the Great White North, OIL AND GAS INVESTOR, Vol. 30, No. 9, Sep. 2010
  • Surface Use and Access for Oil & Gas Exploration in Frontier Areas, LANDMAN, Vol. 54, No. 3, 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)
  • Published numerous case-analysis as a member of the Board of Editors of the Oil and Gas Reporter (Institute for Energy Law, since 2013).

Presentations (Spring 2016 - 2012)

  • Oil & Gas Joint Operations and the New AAPL Form 610 Model Form Operating Agreement, Nov. 3-4, 2016, Houston, Rocky Mountain Mineral Law Foundation (Presentation Title: "Judicial Interpretation of the Joint Operating Agreement")
  • Oil and Gas Law Annual Short Course, Oct. 18-22, 2016, Houston, Rocky Mountain Mineral Law Foundation (Presentation Titles: “The Oil and Gas Lease: Defining the Royalty Obligation" and "The Royalty Obligation, Division Orders, and Check Stub Statutes")
  • 29th Energy Law Institute for Attorneys and Landmen, Aug. 31-Sep. 1, 2016, Houston, Houston College of Law (Course Director; Presentation title: “Oil & Gas Case Law Update—2015-16”)
  • Review of Oil & Gas Law XXXI, Aug. 18, 2016, Dallas, Dallas Bar Association Oil & Gas Section (Presentation title: “The Executive Right to Lease--A Primer and Recent Developments”)
  • Houston Association of Law Librarians Annual Conference, Mar. 9, 2016, Houston (Presentation title: “Oil & Gas Law Primer”)
  • 67th Annual Oil and Gas Law Conference, Feb. 18, 2016, Houston, Institute for Energy Law (Presentation title: “Recent Developments in Oil and Gas Law-2015”)
  • Annual Case Law Update, Jan. 28, 2016, Houston, Houston Bar Association Oil & Gas Section (Presentation title: “Oil & Gas Case Law Update—2015”)
  • 2015 Texas Water Law Institute, Oct. 29, 2015, Austin, University of Texas School of Law (Panel Topic: Groundwater Regulation in Light of Recent Takings Litigation)
  • Oil and Gas Law Annual Short Course, Oct. 19-23, 2015, Denver, Rocky Mountain Mineral Law Foundation (Presentation Titles: “Royalty Responsibilities of Oil & Gas Leases” and “Division Orders and Check Stub Statutes”)
  • Third Annual Energy Symposium, Oct. 1, 2015, Houston, Texas Southern University (Presentation title: “Oil & Gas Case Law Update—2014-15”)
  • Handling Your First (or Next) Oil and Gas Lease, Sep. 16, 2015, Austin, TexasBarCLE (Presentation title: “What Is an Oil & Gas Lease?”)
  • 28th Energy Law Institute for Attorneys and Landmen, Sep. 1-2, 2015, Houston, South Texas College of Law (Course Director; Presentation title: “Oil & Gas Case Law Update—2014-15”)
  • Review of Oil & Gas Law XXX, Aug. 28, 2015, Dallas, Dallas Bar Association Oil & Gas Section (Presentation title: “Oil & Gas Case Law Update—2014-15”)
  • Oil & Gas Law Technical Workshop, Apr. 21, 2015, Houston, Houston Association of Petroleum Landman (Presentation title: “The Current State of the Executive Right to Lease in Texas”)
  • Fundamentals of Oil, Gas and Mineral Law, Mar. 26, 2015, Houston, UT Law CLE (Presentation title: “Interests in Oil & Gas”)
  • 17th Annual Permian Basin Oil & Gas Law, Feb. 27, 2015, Midland, TX, Live Oak CLE (Presentation title: “Executive Rights—Fiduciary Duty Lite”)
  • 66th Annual Oil & Gas Law Conference, Feb. 19, 2015, Houston, Institute for Energy Law (Presentation Title: “Recent Developments in Oil and Gas Law-2014”)
  • 2014-2015 Seminar Series, Feb. 13, 2015, Houston, Continuing Legal Education Committee of the Houston Bar Association (Presentation Title: “Update on Texas Oil & Gas Law”)
  • Annual Case Law Update, Jan. 20, 2015, Houston, Houston Bar Association Oil & Gas Section (Presentation title: “Oil & Gas Case Law Update—2014”)
  • Oil and Gas Law Annual Short Course, Oct. 20-24, 2014, Houston, Rocky Mountain Mineral Law Foundation (Presentation Titles: “Royalty Responsibilities of Oil & Gas Leases” and “Division Orders and Check Stub Statutes”)
  • 2014 Shale Seminar, Oct. 2, 2014, Houston, Houston Association of Petroleum Landmen (Presentation Title: “How to Avoid Trouble with the Executive Right to Lease”)
  • Texas Land Institute Oil & Gas Law Seminar, Sep. 22, 2014, Houston, American Association of Petroleum Landmen (Presentation Title: “The Executive Right to Lease—A Primer and Recent Developments”)
  • Exploration, Transportation and Exportation of Liquefied Natural Gas: Current Challenges and Potential Responses, Sep. 13, 2014, Chicago, American Bar Association Business Law Section - 2014 Section Annual Meeting (Presentation Title: “Natural Gas, LNG, and Energy Demand and Geopolitics”)
  • 27th Annual Energy Law Institute for Attorneys and Landmen, Aug. 27-28, 2014, Houston, South Texas College of Law (Presentation Title: “Case Law Update from Outside of Texas”)
  • Invited Lecture Series, Hispanic Law Students Association & Energy Law Interest Group joint presentation, Apr. 23, 2014, Lubbock, TX, Texas Tech School of Law (Presentation Title: “¡Reforma Energética! Mexico’s Energy Reforms—from Monolithic State Empire to Target for International Investment?”) 
  • Sixth Annual Energy Symposium, Mar. 21, 2014, Ft. Worth, TX, Texas A&M School of Law (Panel title: “Acquisition, Financing, Development, and Divestiture of American Oil & Gas Real Property by Foreigners”)
  • 16th Annual Permian Basin Oil & Gas Law, Feb. 28, 2014, Midland, Texas, Live Oak CLE/Texas Tech School of Law (Presentation title: “Seismic and Fracing Trespass”)
  • 65th Annual Oil & Gas Law Conference, Feb. 20, 2014, Houston, Institute for Energy Law (Presentation Title: "Recent Developments in Oil and Gas Law-2013")
  • Annual Case Law Update, Jan. 31, 2014, Houston, Houston Bar Association Oil & Gas Section (Presentation title: “Oil & Gas Case Law Update—2013”)
  • Energy Policy: Political, Legal and Economic Issues, Dec. 6–7, 2013, Property and Environmental Research Center, Big Sky, MT (Presentation title: “Permit This — Groundwater Rights and Permitting in Texas”)
  • Distinguished Lecture Series, Nov. 18, 2013, Austin, University of Texas School of Law (Presentation title: “Shake and Quake: Remote Sensing and Fracing Trespass”)
  • Energy Lecture Series, Nov. 8, 2013, Baton Rouge, Louisiana State University Paul M. Hebert Law Center (Presentation title: “LiviNG in the USA: from Imports to Exports”)
  • Oil & Gas Law Annual Short Course, Oct. 22, 2013, Denver, Rocky Mountain Mineral Law Foundation (Presentation titles: “Division Orders & Check Stub Statutes” & “Royalty and Oil & Gas Leases”)
  • Advanced Oil, Gas, and Energy Resources Law Course, Oct. 3–4, 2013, TexasBarCLE, Houston (Presentation titles: “Executive Leasing and Development Rights and Duties Owed to Non-Leasing Interests”)
  • Scholar Exchange Program, Sep. 9, 2013, University of Oklahoma College of Law, Norman, OK (Presentation titles: “Over the Line! — Seismic and Fracturing and Trespass”)
  • How Should Hydraulic Fracturing 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 of Law (Presentation title: “Updates in Texas Oil & Gas Case Law”)
  • 15th Annual Permian Basin Oil & Gas Law, Feb. 22, 2013, Midland, TX, Live Oak CLE (Presentation title: “Executive Rights & Self-Development Rights of Mineral Co-Tenants”)
  • Environmental Impacts of Oil & Gas Production, Jan. 25, 2013, San Antonio, TexasBarCLE 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—Where Are the States Going & Will the EPA Stop Them?”)
  • 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, & Disposal of Water for Energy & 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 & 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”)

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