An attorney for North Dakota’s Public Service Commission said Tuesday that the agency can’t consider public safety when issuing a pipeline permit.

Attorney Zachary Pelham said while the commission must consider public welfare, that doesn’t include safety.

“Welfare and safety are two distinct things,” Pelham said during a hearing on a dispute over the permit for the Summit Carbon Solutions pipeline.

Two counties and a group of landowners have sued the Public Service Commission and Summit over what attorneys said were flaws in the permit approval process. The lawsuit seeks to rescind the permit and send the application back to the PSC for further review.