Failure to Disclose Full Impact of Development

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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It was not unethical for Engineer X to fail to volunteer the fact that the anticipated commercial development could increase traffic, as well as noise and air pollution.

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Created
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Engineers play an important role when testifying before public bodies on technical and other matters affecting the public health, safety, and welfare. Engineers bring an important perspective to such discussions, offering technical insights into issues that have a significant effect upon people’s lives. Because of the effect that their testimony may have on public policy discussions of this type, engineers who are involved in such activities should perform their obligations in a manner that is consistent with the NSPE Code of Ethics. The NSPE Board of Ethical Review has had occasion to consider earlier cases relating to the role and obligation of engineers testifying before public agencies or making public statements affecting public policy issues. One early example is BER Case No. 65-9. In that case, a state highway department had prepared engineering data on alternate routes for a bypass of part of the interstate highway system in the state, including cost estimates for three possible routes. The highway department indicated that it favored route “B.” An official of a city located close to the proposed route publicly criticized the proposed route “B” because he felt it would endanger the city’s water supply and be a detriment to the development of a lake as a proposed recreation area. A principal of a consulting engineering firm, which had performed the engineering work on a portion of the interstate highway to which the bypass would connect, issued a public letter, “To Whom Concerned,” which was published in the local press, discussing the alternative routes. His letter stated disagreement with the cost estimates of the highway department and pointed out alleged disadvantages of the proposed route. The letter then suggested a fourth route (“D”) which, it was claimed, would be superior to those previously suggested. The newspaper story containing the full text of the letter from the consulting engineer also quoted the city official as favoring route “D,” proposed...

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Created
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Updated
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Engineer A is retained by Developer F for a major waterfront development project in City X. As part of the process for approving Developer F’s project, Engineer A is required to attend a public hearing and present the proposed design for the City X waterfront to the City Planning Board. Engineer A makes a presentation and responds to questions by members of the City Planning Board. Engineer A highlights the improved environmental effect of converting the waterfront from an industrial facility to a parkland. But it is also true the anticipated commercial development could increase traffic, as well as air and noise pollution. Engineer A is aware of these factors, but was not specifically questioned on these factors and does not volunteer this fact. Had Engineer A been questioned by the City Planning Board, Engineer A would have provided testimony concerning these issues. Later, other witnesses attending the public hearing (including other engineers) testify about the increased traffic, noise, and air pollution issues.

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Created
2026-02-13 16:13
Updated
2026-02-13 16:13
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Was it ethical for Engineer A to fail to volunteer the fact that the anticipated commercial development could significantly increase traffic, as well as air and noise pollution?
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D-tuple Component Breakdown

40

Total Entities

9/9

Components Populated

9/9

With Embeddings

Combined Embedding
Roles R
w=0.12 384D
Developer F Client
Developer whose major waterfront development project in City X requires approval, for which Engineer A was retained...
Engineer A Consultant Engineer
Retained by Developer F, presented the proposed waterfront design to the City Planning Board at a public hearing,...
Other Engineer Witnesses
Witnesses at the public hearing, including other engineers, who testify about the increased traffic, noise, and air...
NSPE Board of Ethical Review
Adjudicating body in the present case that draws on BER Case Nos. 65-9 and 79-2 to show that engineers can ethically...
City Planning Board
Municipal body that holds the public hearing in the approval process for Developer F's waterfront project, receives...
5 entities
Principles P
w=0.2 384D
Loyalty in Waterfront Hearing Presentation
Engineer A, retained by Developer F, presents the proposed waterfront design to the City Planning Board and...
Professional Judgment on Relevance
The Board holds that Engineer A's professional judgment is the arbiter of whether the traffic, noise, and air...
Honest Disagreement Among Engineer Witnesses
The Board draws on the earlier cases to establish that Engineer A and the other engineer witnesses who testified...
Complete Reporting at Public Hearing
Engineer A highlights the favorable environmental effect but does not volunteer the known adverse factors of...
4 entities
Obligations O
w=0.15 384D
Engineer A Hearing Presentation Duty
Engineer A, as the engineer retained by Developer F, is required to attend the public hearing and present the...
Engineer A Truthful Testimony Duty
Engineer A must be objective and truthful in the presentation and in responses to questions before the City Planning...
Engineer A Relevant Information Disclosure Duty
Engineer A must disclose the traffic, noise, and air pollution information in any presentation made on the project...
3 entities
States S
w=0.1 384D
Subjective Policy Question Condition
Developer F Retention
Engineer A Relevance Pertinence Judgment
Omitted Adverse Impact Testimony
Adverse Impact Awareness
Hearing Presentation Requirement
Pending Waterfront Project Approval
7 entities
Resources Rs
w=0.1 384D
NSPE Code of Ethics
NSPE Code of Ethics (topic: obligations of engineers testifying before public bodies and disclosing relevant and...
BER Case No. 65-9
BER Case No. 65-9 (topic: ethics of a consulting engineer publicly criticizing proposed highway routes prepared by...
BER Case No. 63-6
BER Case No. 63-6 (topic: honest differences of opinion among equally qualified engineers on the interpretation of...
BER Case No. 79-2
BER Case No. 79-2 (topic: ethics of engineers designing a higher-contour landfill expansion and of another engineer...
4 entities
Actions A
w=0.1 384D
Retention Acceptance
Relevance Framing Analysis
Public Hearing Presentation
Selective Benefit Emphasis
Adverse Information Nondisclosure
Adverse Impact Testimony
6 entities
Events E
w=0.08 384D
Hearing Requirement Trigger
Question Omission
Adverse Impacts Publicized
3 entities
Capabilities Ca
w=0.07 384D
Engineer A Hearing Testimony
Engineer A, retained by Developer F, attends the public hearing, presents the proposed waterfront design to the City...
Engineer A Impact Risk Awareness
Engineer A is aware that the anticipated commercial development could increase traffic as well as air and noise...
Engineer A Relevance Judgment
The Board holds that whether the disclosure duty attaches turns on Engineer A's professional judgment about whether...
NSPE Board Precedent Reasoning
The NSPE Board of Ethical Review reasons analogically from BER Case Nos. 65-9 and 79-2, finding them instructive...
Engineer A Objectivity Maintenance
While retained by Developer F, Engineer A retains the readiness to provide truthful testimony concerning the...
Other Engineer Witnesses Testimony
Other witnesses at the public hearing, including other engineers, exercise the competence to testify before the City...
6 entities
Constraints Cs
w=0.08 384D
Engineer A Testimony Non-Deception
Engineer A must not make a presentation or give testimony before the City Planning Board that deceives by materially...
Engineer A Disclosure Relevance Limit
Engineer A's duty to disclose the traffic, noise, and air pollution information in the presentation extends only to...
2 entities
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