Lippitt v. Bd. of Certification for Geologists & Soil ScientistsAnnotate this Case
Clifford Lippitt was a certified geologist employed at S.W. Cole, Inc. Worcester Associates retained S.W. Cole to provide the necessary technical assistance in order to complete the closure of a landfill Worcester owned. After S.W. Cole drilled bedrock wells and collected data from them, Lippitt submitted a report presenting the results of the tests and concluding that there was no evidence the landfill was impacting neighboring residential wells. The Board of Certification for Geologists and Soil Scientists determined that Lippitt had violated the Code of Ethics applicable to geologists and soil scientists because he had provided a professional opinion “without being as thoroughly informed as might be reasonably expected.” The Supreme Court vacated the superior court’s judgment affirming the Board’s decision, holding (1) the Board’s disagreement with a geologist’s opinion, without a concurrent determination that the opinion is false, is based on false data, or reflects the geologist’s incompetence, cannot be the basis for a determination that the opinion constitutes a violation of the geologists’ Code of Ethics; and (2) the Board erred in determining that Lippitt violated the Code of Ethics on the grounds that Lippitt’s opinion was not “reasonable” in light of the underlying data.