Pressed by PSC commissioners, Lowery said there may not be a prohibition against looking at environmental factors when determining whether to issue a certificate to build the landfill. But because the law spells out the DNR’s responsibility in the process, he said the commission should leave those questions to the other agency.

“You may literally have the discretion to look at it here, but it’s my position that it’s not appropriate here,” Lowery said.

The PSC’s own staff and the Office of the Public Counsel appeared to agree. The commission looks at environmental issues “from a very high level,” said Nathan Williams, an attorney on the PSC’s staff. But its role is to regulate utilities, not look out for environmental hazards, he said.

But Missouri Public Counsel Lewis Mills, whose office advocates for ratepayers before the commission, said the concerns raised by critics of the plan seemed to fall within the DNR’s regulatory realm.

“If there is a vacuum there and no other agency is evaluating health and safety, then your role should be greater,” Mills said.