BoVD does spell it out pretty well- spelling out that accidentally causing a landslide that flattens a village might not qualify as evil, but knowingly causing a landslide that flattens a village, in the process of saving your own life, is definitely evil.
You've got BoVD saying intent and context matter, you've got BoED saying intent matters, you've got WOTC online articles saying intent matters... it's pretty clear that, in 3.5, intent matters.