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  • 1.  Wetlands and Ethics

    Posted 09-08-2023 11:23 AM

    What do ethics require of us with respect to wetlands? The US Supreme Court recently changed the scope of wetlands protection under the Clean Water Act. (See https://apnews.com/article/supreme-court-wetlands-development-biden-fe976e69bb24c937aabdf0e2868cb5f3 for an explanation plus pro-and-con statements.)

    The 2020 ASCE Code of Ethics requires engineers to:

    "a. adhere to the principles of sustainable development;

    b. consider and balance societal, environmental, and economic impacts, along with opportunities for improvement, in their work;

    c. mitigate adverse societal, environmental, and economic effects;"

    Do back-and-forth Supreme Court and Presidential Executive Orders change our ethical responsibilities for development questions regarding wetlands? 



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    William McAnally Ph.D., P.E., BC.CE, BC.NE, F.ASCE
    ENGINEER
    Columbus MS
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  • 2.  RE: Wetlands and Ethics

    Posted 09-11-2023 01:29 PM

    I believe that the question that the Supreme Court weighs in on is whether federal government has constitutional jurisdiction related to the commerce clause.  That is more of a legal question than an engineering ethical one.  



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    Robert Kuhn P.E., M.ASCE
    MNGR DESIGN ENG
    Vulcan Materials Co
    Glendale CA
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  • 3.  RE: Wetlands and Ethics

    Posted 09-25-2023 10:58 AM

    Robert, I believe it is even more narrow than that, though that is also a legitimate constitutional question.

    The real issue is that the clean water act doesn't say that the EPA can regulate every single body of water, only waters of the US, which were typically considered to be interstate navigable waterways. The EPA/USACE has consistently widened the definition in their regulations well beyond that which is why this keeps getting taken to court.



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    Nathaniel Martin P.E., M.ASCE
    Engineer III
    Tampa FL
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  • 4.  RE: Wetlands and Ethics

    Posted 09-12-2023 11:04 AM

    My simple understanding of the recent Supreme Court decision is that it narrows the definition of wetlands. This action will increase the scope for development and work for civil engineers by association. It is hard to argue that destroying wetlands is a sustainable action. At the highest level, actions taken by civil engineers that lead to the destruction of wetlands violate one's oath to protect and advance the health, safety, and welfare of the public, specifically the welfare. However, without legal consequences, somebody will always be willing to do the work. The dilemma is that our oath is only as strong as the laws that define and limit our actions.



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    Mitch Winkler P.E.(inactive), M.ASCE
    Houston, TX
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  • 5.  RE: Wetlands and Ethics

    Posted 09-12-2023 11:05 AM

    The short answer is No; ethical responsibilities transcend government rulings. While this ruling is technically a legal matter consistent with a long line of rulings which have attempted to rein in a massive government overreach and clarify the implementation of the Clean Water Act (CWA), your question regarding the bigger picture of what we SHOULD be doing is a great one. We should see this as an opportunity to better embrace the challenges of addressing ethical concerns in the implementation of our designs. Like so many things government has attempted to do based on good intentions, the CWA had devolved into an unconstitutional bureaucratic nightmare for landowners that often counters the noble intentions for which it was created. Instead of merely interpreting or implementing policy decisions set by government agencies, we have regained ground as engineers to make logical decisions which will consider the technical and ethical merits of our designs. Without the fear of project delays or draconian penalties, more and better options are now available. 

    For example, the blanket interpretation that a concrete footing or imported rock is a pollutant is often not logical or helpful to acting as a good steward of natural resources. If putting inert building materials in a waterway significantly saves natural resources and prevents pollution by shortening a transportation route, you should be able to consider it as an option in your adherence to the principles of sustainable development. Don't fear the loss of government rules, embrace the possibilities their absence creates.



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    Brad Watson P.E., M.ASCE
    Senior Engineer
    Alvarado TX
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  • 6.  RE: Wetlands and Ethics

    Posted 09-15-2023 05:21 PM

    Bill, this is an interesting post. As also happens elsewhere – the reported court verdict shows the gap between the enacted laws that are often laden with ambiguities – and the actual implementation of such laws. Such gaps lead to virtually limitless wastage of time, energy and effort of both parties – giving birth to myriad legal proceedings – sometime from one form to another, from one jurisdiction to another.

    • My read of the report caught attention of these: definition of 'waters of the United States' . . . protected wetlands must be directly adjacent to a 'relatively permanent' waterway 'connected to traditional interstate navigable waters' such as a river or ocean . . . continuous surface connection with that water, making it difficult to determine where the 'water' ends and the 'wetland' begins . . .

    • In fact, the confusion of about where water ends and wetland begins – is the crux of the problem. Because, it is not difficult to write sloppy laws and regulations – but making it heedful to consequences of implementation, needs careful research and effort. On top of that interpretation and understanding of them by the implementing agencies play a crucial role.

    • Delineation of the boundary in details by connecting series of polylines – caring for each stake holder's interest – is something very important, requiring careful attention. I wonder why, in this age of technological advance (GIS and all that) – such cares might have escaped meticulous attention.

    • I am always in favor of the 3Rs – Rewind, Reflect and Restore (more in The Sanctity of Nature's Wonders) – of everything one calls Nature – including the human habitat that cares for harmony with Nature. Yet, I share and see rationality in the court verdict – and empathize with the plaintiff family – assuming that they are in compliance with the point-source pollution regulations (like getting connected to municipal network, or septic tank requirements).

    • One can always refer back to some background materials such as: NAP 4766; NAP 10134; US Clean Water Act; US EPA and National Geographic for clarity of some of the questions and queries about Wetlands definitions and issues.

    Dilip

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    Dr. Dilip K Barua, Ph.D

    Website Links and Profile




  • 7.  RE: Wetlands and Ethics

    Posted 09-15-2023 06:31 PM

    Interestiing.

    What if just for awhile, we set aside the questions related to "Do we have to do it?"

    Then, consider the following:

    ·                  ISO standards to promote sustainable growth[1]

    With so many people talking about sustainability, ISO standards bring much-needed clarity to the conversation.

    More than ever, both consumers and manufacturers recognize the impacts of their choices and actions.

    In the past, many of the costs of doing business were hidden, but now ISO standards allow them to be quantified and factored in to decision-making processes. This means more responsive and responsible businesses.

    ISO standards enable businesses to plan their future growth around meeting consumer expectations. They enable transparency about products and best practices for limiting their impacts.

    Below you can find out more about the most commonly used sustainability and social responsibility standards, who develops them, and new projects in the pipeline.

    Cheers,


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    William M. Hayden Jr., Ph.D., P.E., CMQ/OE, F.ASCE
    Buffalo, N.Y.

    "It is never too late to be what you might have been." -- George Eliot 1819 - 1880
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  • 8.  RE: Wetlands and Ethics

    Posted 09-20-2023 02:30 PM

    Yes. Interesting indeed, Bill.

    • It's interesting that 'sustainability' was never mentioned in the reported court verdict – at least I didn't see it in my read of the report. The reason for this – is perhaps that sustainability or sustainable development (primarily understood in contexts of future development. Although, I like to think it in broad terms – as a sustainable way of life in harmony with Nature) refers to industrialization drive. This Wetlands dispute has nothing to do with such drive, but between the livelihood of a family and the gov regulation.

    • Because of the immense popularity of the Sustainability term, it's the job of ISO and other such orgs to come up with 'model standards' to sell them to regulatory agencies to turn 'model standards' into standards and codes (more in The Grammar of Industrialization – Standards, Codes and Manuals).

    • I came across a paper 'The Sustainability Debate' by A Wilkinson, M Hill and P Gollan, London School of Economics – that focused on success of sustainability goals. Saying that any such success depends on the corporate capabilities – on how they handle the operational and human resources managements within their organization.

    • On redressing the past lapses (in negligence of the health and importance of the interdependent Fluid, Solid and Life Systems) in industrialization – there are many restoration projects around the world. They range from stream restoration (in terms of floodplain management, dike relocation, etc) to coastal restoration, etc. Concerned citizens from all walks of life – from all over the world – and their voices deserve credit for such initiatives (do engineers deserve credit for such efforts? Well, at least they get credit for doing and implementing things right).

    Dilip

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    Dr. Dilip K Barua, Ph.D

    Website Links and Profile




  • 9.  RE: Wetlands and Ethics

    Posted 09-25-2023 10:58 AM

    'Sustainability' wasn't mentioned because the court addressed the law (CWA) and not the higher goals you describe. The whole point of this decision was to realign the interpretation of the law with the Constitution of the United States and the CWA law, as written. If you have higher goals for sustainability, petition Congress and get the change made. If you petition regulatory agencies, you are following the exact path the court just struck down. I think your higher goals of sustainability are better achieved without the heavy hand of regulation, but I respect your right to promote it nonetheless. Just do it consistent with the law. The Constitution is the law of the land and it protects everything else including our ability as engineers to protect the environment legally. In the pursuit of a vague higher goal like 'sustainability', we cannot forget our obligation for adherence to our most basic legal document.



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    Brad Watson P.E., M.ASCE
    Senior Engineer
    Alvarado TX
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