Public Health, Safety, and Welfare–Climate Change Induced Conditions
Case 88
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Engineer A has an obligation to consider potential impacts on public health, safety, and welfare, regardless of whether that is required by applicable law, including changing weather patterns and climate. If Engineer A is reasonably certain that the project will result in adverse impacts to public health, safety, and welfare, and if the Client B denies the requisite evaluation, Engineer A should include the concern regarding potential adverse public health, safety, and welfare impacts in an engineering report for consideration by regulatory agencies and the public.
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Professional engineers have a primary ethical obligation to hold paramount the protection of public health, safety, and welfare. That obligation is not bounded by what is required by law, or by regulations, but rather is stated broadly. That obligation leads to not uncommon “gray areas” in practice requiring judgment as to what issues potentially impacting public health, safety, and welfare merit more detailed evaluation and what issues do not. Such judgments increasingly necessitate engineers to have sufficient understanding of related areas of engineering practice and science to determine when more specialized evaluation is needed to assure protection of public health, safety, and welfare. Considering the effects of climate change in engineering planning and design adds substantial complexity to engineering decision-making as engineers consider “going beyond” existing requirements to provide long-term protection of public health, safety, and welfare.
For more than a century, engineers have assumed that future climate and weather conditions will be consistent with historical climate and weather data. In recent decades, as climate and weather data are updated, the historical dataset changes as climate and weather patterns continue to change. This necessitates that climate and weather patterns be addressed not as fixed by historical patterns but rather recognized as a “moving target.”
In BER Case 07.6, Engineer A was a principal in an environmental engineering firm and had been requested by a developer client to prepare an analysis of a piece of property adjacent to a wetlands area for potential development as a residential condominium. During the firm’s analysis, one of the engineering firm’s biologists reported to Engineer A that, in his opinion, the condominium project could threaten a bird species that inhabited the adjacent protected wetlands area. The bird species was not an “endangered species,” but it was considered a “threatened species” by federal and sta...
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Engineer A is a consulting engineer representing Client B, a developer who is proposing to develop a health care facility that requires a significant upgrade to the property’s access road that crosses a tidal saltmarsh. Engineer A’s scope includes design and local permitting of the roadway, including an upgrade of the tidal crossing from a small culvert to a small bridge, increasing its hydraulic capacity. Local development regulations require designing for a 25-year fresh-water storm, and assume that future weather conditions will be consistent with updated historical data. The local development regulations and national design codes and standards have not yet been updated to reflect changing conditions and weather patterns, including effects of sea level rise and changes in precipitation intensities and recurrence intervals effected by on-going climate change. It is Engineer A’s judgment, based on hydraulic evaluation procedures presented at a recent transportation agency conference, that the proposed project may result in some upstream homes becoming uninhabitable a decade or more earlier than would otherwise be the case. Engineer A proposes a complex and costly hydrologic and hydraulic analysis by a specialized subconsultant to predict the extent to which sea level rise and the increased hydraulic capacity of the tidal crossing will result in flood damage to a neighborhood of twenty upstream homes during future high tides and storm surges, anticipating this to be a difficult question to answer in the project’s public hearings. Client B directs Engineer A to proceed without the costly analysis unless and until such an analysis is requested by the applicable regulatory authorities.
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Does Engineer A have an ethical obligation to address or evaluate the impacts of a project on public health, safety, and welfare with respect to climate change induced conditions that have not yet occurred? In this set of circumstances, what are Engineer A’s reasonable courses of action with respect to engineering ethics?
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Find Similar CasesD-tuple Component Breakdown
52
Total Entities8/9
Components Populated9/9
With EmbeddingsCombined Embedding
Roles
R
w=0.12
384D
Engineer A Consulting Engineer
Retained by Client B to design and permit the roadway upgrade and tidal crossing, judges that the project may...
Client B Developer Client
Commissions Engineer A's design and permitting services for the health care facility development and directs...
BER Ethics Review Board
Adjudicates the present case, holding that Engineer A has an ethical obligation to address project impacts on public...
Upstream Homeowners Affected Public
A neighborhood of twenty upstream homes that may suffer flood damage during future high tides and storm surges, with...
Applicable Regulatory Authorities
The permitting oversight bodies whose potential request for the hydrologic and hydraulic analysis is the condition...
5 entities
Principles
P
w=0.2
384D
Public Welfare in Tidal Crossing
Engineer A judges that the increased hydraulic capacity of the tidal crossing combined with sea level rise may cause...
Loyalty to Client B
Engineer A serves as consulting engineer representing Client B on the design and permitting of the roadway and tidal...
Sufficient Understanding for Specialized Evaluation
The Board finds that Engineer A need not be a modelling expert but must have sufficient understanding of hydrology,...
Evolving Standards in Hydraulic Evaluation
Engineer A bases the judgment about accelerated upstream flooding on hydraulic evaluation procedures presented at a...
Public Welfare Paramount Beyond Law
The Board holds that Engineer A must address the project's potential flooding impacts on upstream homes regardless...
Climate Change Standards Responsiveness
The Board reasons that climate and weather patterns must be treated as a moving target rather than fixed by...
Disclosure of Potential Impacts to Client
The Board directs that Engineer A engage Client B in discussions about the need for the detailed evaluation,...
7 entities
Obligations
O
w=0.15
384D
Engineer A Public Safety Duty
Engineer A must hold paramount the safety, health, and welfare of the public, including the residents of the twenty...
Engineer A Design Compliance Duty
Engineer A must design the roadway and tidal crossing in compliance with the local development regulations, which...
Engineer A Public Safety Duty Beyond Law
Engineer A must address the impacts of the project on public health, safety, and welfare regardless of whether or...
Engineer A Future Conditions Duty
Engineer A must consider future climate and weather changes with respect to potential impacts on public health,...
Engineer A Sufficient Understanding Duty
Engineer A must have sufficient understanding of hydrology, hydraulics, and coastal modeling to form a reasonable...
Engineer A Client Engagement Disclosure Duty
Engineer A should engage Client B in discussions about the need for the detailed evaluation, disclosure of the...
Engineer A Regulatory Report Proposal Duty
If Client B remains unconvinced, Engineer A should propose to Client B that Engineer A provide the potential concern...
Engineer A Conditional Withdrawal Duty
Failing agreement by Client B to either the detailed evaluation discussions or the engineering report proposal,...
8 entities
States
S
w=0.1
384D
Obligation Beyond Law Condition
Engineer A Sufficient Understanding
Foregone Flood Analysis
Engineer A Engagement By Client B
Changing Climate Dataset Condition
25-Year Storm Design Requirement
Outdated Climate Design Standards
Unquantified Upstream Flood Risk Awareness
Upstream Homes Flood Exposure
Directive To Proceed Without Analysis
Climate Impact Evaluation Gray Area
11 entities
Resources
Rs
w=0.1
384D
No entities extracted
Actions
A
w=0.1
384D
Flood Risk Judgment
Project Withdrawal
Development Project Initiation
Client Directive Issuance
Project Scope Acceptance
Specialized Analysis Proposal
Client Discussion Engagement
Concern Documentation Proposal
8 entities
Events
E
w=0.08
384D
Ongoing Climate Change
Conference Procedure Presentation
Historical Dataset Shift
3 entities
Capabilities
Ca
w=0.07
384D
Engineer A Interdisciplinary Understanding
The Board holds that Engineer A, while not necessarily a modelling expert, possesses sufficient understanding of...
Engineer A Engineering Design
Engineer A is retained to design and locally permit the roadway upgrade and the tidal crossing conversion from a...
Engineer A Risk Assessment
Engineer A identifies and characterizes the risk that the project, combined with sea level rise, will cause flood...
Engineer A Risk Disclosure
Engineer A brings the discovered flood damage risk to Client B by proposing the hydrologic and hydraulic analysis...
Engineer A Standards Currency
Engineer A keeps current with evolving practice, grounding his judgment in hydraulic evaluation procedures presented...
Engineer A Professional Judgment
Engineer A forms a professional engineering opinion on indeterminate future conditions, judging that the project may...
Engineer A Evaluation Threshold Judgment
Engineer A exercises the judgment, in a gray area of practice, that the potential for flooding of the twenty...
7 entities
Constraints
Cs
w=0.08
384D
Engineer A Modelling Expertise Limit
Engineer A need not necessarily be a modelling expert; the competence demanded of Engineer A extends only to...
Engineer A Flood Analysis Suppression
Engineer A must not undertake the complex and costly hydrologic and hydraulic analysis of upstream flood impacts,...
Engineer A Legal Ceiling Prohibition
Engineer A must not treat the requirements of applicable law and local regulations as bounding the obligation to...
3 entities
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