than off a floating rig. but environmentalists say it's a clever way of gaming the federal permit system. rebecca noblin represents half a dozen environmental groups. >> if there were an oil spill, that oil is going into the ocean. it's not on land. so, this really is -- this is drilling in water. >> reporter: that's the heart of the debate. does putting the massive drill rig on a 32-acre pile of gravel mean bp's liberty island project should be subject to federal rules for drilling on land or should it be subject to the more rigorous rules of offshore drilling? the fact is, three years ago, bp succeeded in getting a land-based drilling permit. in an e-mail to cnn, a bp spokesman says the company carefully followed the state and federal permitting systems and addressing environmentalists complaints, he added, it's hard to imagine anyone who knows the facts or the history of this project would make such a claim. but after the gulf oil disaster,