Christopher S. Kulander

Director and Professor, Oil & Gas Law Institute

J.D., University of Oklahoma College of Law, 2005 (with distinction)
Certificate of Specialization in American Indian Law

Ph.D., Geophysics (Petroleum Seismology), Texas A&M University, 1999
Dissertation: Geologic Evolution and Structural Controls on Hydrocarbon Flow in the Ship Shoal Block 274/293 Field, Offshore Louisiana, Gulf of Mexico (May 1999)

M.S., Geophysics, Wright State University, 1995
Thesis: Geology of the Stotlers Crossroads 7.5-Minute Quadrangle in Eastern West Virginia(June 1995)

B.S., Geology, Wright State University, 1993

Areas of Expertise

  • Domestic Energy Law
  • International Energy Law
  • Mining Law
  • Oil & Gas Law
  • Property

ckulander@stcl.edu

432-352-7243

Office: 726T

Admitted to practice in New Mexico and Texas.

Christopher Kulander joined the South Texas College of Law Houston in August 2014 as Professor and Director of the school’s new Oil & Gas Law Institute. At South Texas College of Law Houston, he teaches courses covering oil & gas, energy, and property law.. He is also Of Counsel to Haynes and Boone. He received his J.D. from the University of Oklahoma, where he was managing editor for theOklahoma Bar Mineral Law Newsletter, note editor and assisting managing editor for the American Indian Law Review, and research assistant for Owen L. Anderson, Eugene Kuntz Chair of Oil and Gas Law.

Before teaching, Professor Kulander practiced full-time for four years in the Houston office of Haynes and Boone LLP within the Energy Practice Group, focusing on energy lending, finance, and bankruptcy. Prior to that, he practiced for two years with Cotton & Bledsoe in Midland, Texas, focusing on oil and gas title and leasing.

Before law school, he received his B.S. and M.S. in geology from Wright State in Dayton, Ohio, and his Ph.D. in geophysics (petroleum seismology) from Texas A&M, after which he worked as a geophysicist for the U.S. Geological Survey. He has written and published in the fields of oil and gas law, land use control, American Indian law as well as in geology and petroleum seismology.


ARTICLES

Fixed vs. Floating Non-Participating Oil & Gas Royalty in Texas: And the Battles Rage On, 4 Tex. A&M L. Rev. 41 (2016).

2014-2015 Oil & Gas Case Law Update, 41 T. Marshall L. Rev. 151 (2016).

Comparing Subsurface Trespass Jurisprudence Geophysical Surveying And Hydraulic Fracturing, 46 N.M. L. Rev. 67 (2016) (With R. Jordan Shaw).

2014 Oil & Gas Case Law Update, 47 Tex. Tech L. Rev. 661 (2015).

The Executive Right to Lease, 60 Landman, Oct. 2015 at ____.

Old Faves and New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems and Solutions (part two), 1 Oil Gas Nat. Resources & Energy J. 165 (2015). http://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1007&context=onej

Old Faves and New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems and Solutions (part one), 1 Oil Gas, Nat. Resources,  & Energy J., 1 (2015). http://digitalcommons.law.ou.edu/cgi/viewcontent.cgi?article=1001&context=onej

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. Energy L. & Resources 203 (2014). http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1034&context=jelr

Recent Developments In Texas, United States, and International Energy Law, 9 Tex. J. Oil Gas & Energy L. 381 (2013-2014). (with Anh Q. Tran, Monica Hart & Gabriel J. Salinas)

2012 Texas Oil & Gas Case Law Update, 1 Tex. A&M L. Rev. 287 (2013).

Shale Oil and Gas State Regulations Issues And Trends, 63 Case W. Res. L. Rev. 1101 (2013).

Common Law Aspects Of Shale Oil and 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).

Environmental Effects Of Petroleum Production: 2010-2011 Texas Legislative Developments, 44 Tex. Tech L. Rev. 863 (2012).

The Artic Is White Hot, Oil Gas & Energy L., No. 2 (2012). (with Sergie A. Lomako) (online only with subscription https://www.ogel.org/journal-browse-issues.asp)

American Law And Jurisprudence On Fracing, 47 Rocky Mountain Min. L. Found. J. 277 (2010). (with Thomas E. Kurth, Michael J. Mazzone, Mary Simmons Mendoza)

Navasota v. First Source Texas And Its Effect On Packaged Sales And Preferential Rights To Purchase Clauses, 52 S. Tex. L. Rev. 233 (2010). (with Kirk L. Worley)

Exploring The Great White North, 30 Oil & Gas Inv., Sept. 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).

New Petroleum Categories & Valuation Requirements Of The SEC, 30 Newsl. (Okla. Bar Ass’n., Min. L. Sec.) July, 2009 at _____. (with Bill Nelson)

Surface Use And Access For And Gas Exploration, 54 Landman, May/June 2009 at 14.

Operator Removal Under the Form “Joint Operating Agreement” in Texas, 63 PBLA Takeoff Newsl., May 2009, at 5.

Wagner & Brown, Ltd v. Sheppard – The Supreme Court Releases Opinion Affecting Texas Landmen, Newsl., May 2009, at _____ (only available online with membership, Houston Ass’n Professional Landmen)

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 W. Lauritzen)

Additional Provisions To Form Joint Operating Agreements, 33 Oil, Gas & Energy Resources L. Sec. Rep., Dec. 2008, at 39. (with Mark A. Mathews)

Practitioner’s Pathfinder for Approaching Foreign Investment in Oil & Gas Real Property in Texas and New Mexico, 21 Tex. Transnat’l L. Q., June 2008 at _____.

Split-Estate And Site Remediation Issues On Tribal Lands, 2 Tex. J. Oil Gas & Energy L. 125 (2007).

The Art of Reconciling the Joint Operating Agreement and the COPAS Accounting Procedure, 45th Annual Arkansas Natural Resources Law Institute (Arkansas Bar Association, Feb. 2006). (with Susan Richardson)

Gas Balancing Agreements – Fundamentals & New Developments, 26 Newsl., (Okla. Bar Ass’n, Mineral Law Sect.) Dec. 2005 at _____.

Note, Take-Or-Pay Royalties, The Trust Doctrine And The Shoshone Case, 29 Am. Indian L. Rev. 101 (2004-2005).

BOOKS

Forms Manual to Cases and Materials on Oil and Gas Law. 6th ed. (St. Paul, MN: West Academic, 2015). (with John S Lowe, Owen L Anderson, Ernest E Smith & David E Pierce)

Cases and Materials on Oil and Gas Law. 6th ed. (St. Paul, MN: West, 2013) (with John S Lowe, Owen L Anderson, Ernest E Smith & David E Pierce).

Teacher’s Manual for Cases and Materials on Oil and Gas Law. 6th ed. (St. Paul, MN: West, 2013) (with John Lowe, Owen Anderson, Ernest Smith, and David Pierce)

CHAPTERS

The Offshore Petroleum Licensing Regime in the United States, in Regulation of the Upstream Petroleum Sector: A Comparative Study of Licensing and Concession Systems (Tina Hunter, editor) (Cheltenham, UK : Edward Elgar Publishing, 2015). (with Owen L. Anderson)

COMMENTARIES

Gas Shale and Hydraulic Fracturing Work for our Nation, Envtl Leader, Oct. 25, 2010. (http://www.environmentalleader.com/2010/10/25/gas-shale-and-hydraulic-fracturing-work-for-our-nation/)

PRESENTATIONS & PROCEEDINGS

Presenter, Judicial Interpretation of the Joint Operating Agreement, in Oil & Gas Joint Operations and the New AAPL Form 610 Model Form Operating Agreement, (Westminster, CO: Rocky Mountain Mineral Law Foundation) Nov. 3-4, 2016, Houston.

Presenter, The Oil and Gas Lease: Defining the Royalty Obligation and The Royalty Obligation, Division Orders, and Check Stub Statutes, in 34th Annual Oil and Gas Law Short Course (Westminster, CO: Rocky Mountain Mineral Law Foundation) Oct. 18-22, 2016, Houston.

Course Director; Presenter, 2016 Oil & Gas Case Law Update, in 29th Energy Law Institute for Attorneys and Landmen, Aug. 31-Sep. 1, 2016, Houston College of Law.

Presenter, The Executive Right to Lease–A Primer and Recent Developments, in 31st Review of Oil & Gas Law (Dallas, Energy Law Section: Dallas Bar Association) Aug. 18, 2016.

Moderator, Escape Of Water During Operations: Enforcement And Ethical Consideration, in Water Acquisition and Management for Oil & Gas Development: Legal and Regulatory Requirements, Paper 10 (Westminster, CO: Rocky Mountain Mineral law Foundation, April 2016).

Presenter, Oil & Gas Law Primer, Houston Association of Law Librarians Annual Conference, Mar. 9, 2016, Houston.

Course Director. Permian Basin Oil & Gas Law, Feb. 26, 2015, Midland, TX, Live Oak.

Presenter, Recent Developments in Oil and Gas Law , in 67th Annual Oil and Gas Law Conference (Houston: Institute for Energy Law, 2016).

Presenter, 2014-2015 Oil & Gas Case Law Update, Houston Bar Association Oil, Gas & Mineral Law Section, January Paper, 2016.

Panel, Groundwater Regulation in Light of Recent Takings Litigation, in Texas Water Law Institute, (Austin: University of Texas at Austin, School of Law, 2015).

Presenter, The Oil & Gas Lease: Defining the Royalty Obligation and Division Orders and Check Stub Statutes, in 33rd Annual Oil & Gas Law Short Course (Westminster, CO: Rocky Mountain Mineral Law Foundation, 2015).

Presenter, Oil & Gas Case Law Update—2014‐15, in 3rd Annual Energy Symposium (Houston: Texas Southern University, 2015).

Presenter, What Is an Oil & Gas Lease? in Handling Your First (or Next) Oil and Gas Lease (Austin: State Bar of Texas, 2015). (Tab 1)

Course Director; Presenter, Case Law Update, in 28th Energy Law Institute for Attorneys and Landmen (Houston: South Texas College of Law, 2015).

Presenter, Annual Case Law Update, Energy Law: Review of Oil & Gas Law XXX, Dallas Bar Association Energy Law Section, Aug. 28, 2015.

Presenter, The Current State of the Executive Right to Lease in Texas, 46th Annual Technical Workshop (Houston Association of Professional Landmen, Apr. 21, 2015).

Presenter, Interests in Oil & Gas, in 41st Annual Ernest E. Smith Oil, Gas and Mineral Law (Austin: University of Texas, School of Law 2015).

Executive Rights (Fiduciary Duty Lite), in 17th Annual Permian Basin Oil & Gas Law Seminar (Live Oak CLE) Feb. 27, 2015.

Recent Developments in Oil and Gas Law, in 66th Proceedings of the Institute on Oil and Gas Law 1 (Newark, N.J.: Matthew Bender, 2015).

Presenter, Update on Texas Oil & Gas Law, 2014‐2015 HBA/CLE Seminar Series, Houston, Feb. 13, 2015.

Presenter, Oil & Gas Case Law Update—2014, Houston Bar Association Oil, Gas & Mineral Law Section, Jan. 20, 2015.

Presenter, Royalty Responsibilities of Oil & Gas Leases, and Division Orders and Check Stub Statutes, in Oil & Gas Law Short Course (Westminster, CO: Rocky Mountain Mineral Law Foundation, 2014).

Presenter, Executive Rights & Self-Development Right Of Mineral Co-Tenants, in 5th Annual Shale Play Seminar (HAPL: Houston Association of Petroleum Landmen, Oct. 2, 2014).

Presenter, The Executive Right to Lease—A Primer and Recent Developments, Texas Land Institute Oil & Gas Law Seminar (Houston, American Association of Petroleum Landmen, 2014).

Presenter, Natural Gas, LNG, and Energy Demand and Geopolitics Liquefied Natural Gas: Current Challenges and Potential Responses, American Bar Association Business Law Section ‐ 2014 Section Annual Meeting. Sep. 13, 2014, Chicago.

Presenter, Case Law Update from Outside of Texas, in 27th Annual Energy Law Institute for Attorneys and Landmen (Houston: South Texas College of Law, 2014). (Tab J)

Presenter, ¡Reforma Energética! Mexico’s Energy Reforms—from Monolithic State Empire to Target for International Investment? Invited Lecture Series, Hispanic Law Students Association & Energy Law Interest Group joint presentation, Apr. 23, 2014, Lubbock, TX, Texas Tech School of Law.

Panel, Acquisition, Financing, Development, and Divestiture of American Oil & Gas Real Property by Foreigners, in Sixth Annual Energy Symposium (Ft Worth: Texas A&M Law Review, 2014).

Presenter, Seismic and Fracing Trespass, Permian Basin Oil & Gas Law (Midland: Live Oak CLE/Texas Tech School of Law, 2014).

Recent Developments in Oil and Gas Law, in 65th Proceedings of the Institute on Oil and Gas Law 1 (Newark, N.J.: Matthew Bender, 2014).

Presenter, Oil & Gas Case Law Update—2013, Annual Case Law Update (Houston: Houston Bar Association Oil & Gas Section, 2014).

Presenter, Edwards Aquifer Authority v. Day and Bragg—Predictions on Their Effects for Regulatory Takings Claims for Groundwater Used in Oil & Gas, in 2013 Lone Mountain Forum on Energy Policy: Political, Legal, and Economic Issues (Big Sky, MT: Property and Environmental Research Center, Dec. 6–7, 2013).

Presenter, Shake and Quake: Remote Sensing and Fracing Trespass, Distinguished Lecture Series, Austin, University of Texas School of Law, Nov. 18, 2013.

Presenter, Living in the USA: from Imports to Exports, Energy Lecture Series, Baton Rouge, Louisiana State University Paul M. Hebert Law Center, Nov. 8, 2013.

Presenter, Division Orders & Check Stub Statutes, and Royalty and Oil & Gas Leases, in Oil & Gas Law Short Course (Westminster, CO: Rocky Mountain Mineral Law Foundation, Oct. 22, 2013).

Presenter, Duties Of The Executive Right Before And After Lesley and Friddle, in 31st Annual Advanced Oil, Gas And Energy Resources Law Course (Austin: State Bar of Texas, 2013). (Tab 23)

Presenter, Over the Line! — Seismic and Fracturing and Trespass, Scholar Exchange Program, University of Oklahoma College of Law, Norman, Sep. 9, 2013.

Shale Oil and Gas State Regulatory and Litigation Issues and Trends In Texas and Beyond, in Environmental Impacts Of Oil and Gas Production (Austin: State Bar of Texas, 2013). (Tab 12)

American Law And Jurisprudence On Fracing, in 58 Rocky Mtn Min. L. Inst. (Westminster, CO: Rocky Mountain Mineral Law Foundation, 2012). (Chap. 4) (with Thomas E. Kurth, Michae J. Mazzone, Mary S. Mendoza)

State Regulatory Issues Related To Drilling For Shale Gas And Hydraulic Fracturing, in The Water-Energy Nexus Acquisition, Use, and Disposal of Water for Energy and Mineral Development Paper 5 (Westminster, CO: Rocky Mountain Mineral Law Foundation, 2012).

Environmental Effects Of Petroleum Production: 2010-2011 Texas Legislative Developments, in Environmental Impacts Of Oil And Gas Production (Austin: State Bar of Texas, 2012). (Tab 6)

The States’ Legal Framework: Texas/Louisiana Region American Law And Jurisprudence On Fracing, in Hydraulic Fracturing Core Issues & Trends Paper 3A (Westminster, CO: Rocky Mountain Mineral Law Foundation, November 2011).

Expert Witness:

Cenizo Investments, Ltd. et al. v. ZaZa Energy, LLC, Cause No. 11-07-11467-DCVAJA, Dimmit County, Texas, 365th Judicial District

Threshold Development Company v. Juno 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

Radcliffe v. Tidal Petroleum, Inc., et al., Cause No. 13-07-00176-CVL, La Salle County, Texas, 218th Judicial District.

 


CV (PDF format)