Brian Burnett handles a wide variety of energy, natural resources, and environmental law matters for clients before federal, state and local agencies, and governmental entities. Mr. Burnett is also involved in various aspects of energy and utility development, including contract negotiation, obtaining governmental approval and related permits, as well as project operation and compliance. His practice includes water, property, contract, and telecommunications law and related litigation. He has represented developers and landowners in the development of cogeneration, small power production, and renewable energy facilities, including geothermal and solar facilities and solar farms.

  • 2023 Super Lawyers Badge


Previously, Mr. Burnett was an assistant attorney general for the State of Utah, chief of the Public Utilities Section, handling all aspects of cases regarding gas, electric, telecommunications, and water utility matters before the Public Service Commission of Utah and the Federal Energy Regulatory Commission in Washington, DC.

Prior to joining Kirton McConkie, Mr. Burnett practiced at a large Utah law firm where he was a shareholder, director, officer, and section chair.

Mr. Burnett has been selected by his peers for inclusion in The Best Lawyers in America, Mountain States Super Lawyers, and Utah Business Magazine’s “Legal Elite” in the areas of energy and natural resources law. He maintains an AV Preeminent with Martindale-Hubbell Peer Review Rating, which is the highest rating awarded to attorneys for professional competence and ethics.

Mr. Burnett has served as the chair of the Energy, Natural Resources & Environmental Law Section of the Utah State Bar, serving previously as chair of the Energy Committee. He served twice as the chair of the Administrative Law Section of the Utah State Bar. He was previously the chair of the Bonneville School Community Council. He is currently on the Leadership Committee of "and Justice for all" and vice-chair of the Foothill-Sunnyside Community Council in Salt Lake City.

Examples of Representation:

  • Counsel for over 30 years to an electric generating facility under PURPA producing power from a waste product and selling to PacifiCorp, including contracts, permits, permit appeals, construction, operation, and compliance.
  • Counsel for an international utility in the successful approval of the purchase of PacifiCorp.
  • Counsel for a national utility in the successful approval of the merger with Questar Corporation, now Dominion Energy Utah.
  • Counsel for landowners negotiating, drafting, and completing various option and lease agreements for solar energy projects totaling over 20,000 acres.
  • Counsel for a 20 MW geothermal project negotiating, drafting, and completing agreements for the sale of renewable electricity to a university; the first project to use Rocky Mountain Power’s Schedule 32 where renewable energy facilities are contractually tied to a customer. The geothermal project came online in late 2019.
  • Counsel for a health care organization negotiating, drafting, and successfully completing agreements for the purchase of 20 MW of solar energy; the second project to use Rocky Mountain Power’s Schedule 32 where renewable energy facilities can be tied to a customer. The solar project is projected come online in 2023.

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