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To require this essential component. now this is a component that was designed to shut on, to turn on the blow-out prevention device. if the men on the rig could not reach the button and try to throw the, manually activate the device. that's the place where the fire started. and we don't know, now, whether they tried to manually activate the device. but this switch was designed, if they were unable to. to activate it automatically. and that switch was never installed on the pipe. and it may or may not have resulted in, in the tragedy of deep-water horizon. but in 2005, the energy bill was pass...

Regulation. in 2000, they issued a safety alert calling for offshore drillers in the u.s. to have an additional backup system called and acoustic switch that could prevent oil blowouts like the one in the gulf. they went so far to call it essential component. just three years later after complaints from the oil industry, mns determined it wasn't so essential after all, saying it was too costly and effective, never mind bp is required to use it on rigs in two other countries. stuart smith is an environmental attorney who has won dozens of cases against the oil industry and representing fisherme...

The gulf. they went so far as to call it, quote, an essential component. two years later after complaints from the oil industry, mms determined it wasn't so essential saying it would be too costly and ineffective, never mind the fact that bp is required to use it on rigs in two other countries. >> let's load up. >> reporter: stewart smith is an environmental attorney who has won dozens of case with the oil industry and is representing fishermen put out of work because of the deep water horizon disaster. we flew over the spill site with him. >> that's the slick. a it's all over here. it looks l...

Additional backup system called an acoustic switch that could prevent oil blowouts like the one in the gulf. they went so far to call it essential component. just three years later after complaints from the oil industry, mms determined it wasn't so essential afterall, saying would be too costly and ineffective. never mind the fact that bp is required to use it on rigs in two other countries. >> let's load up. >> reporter: stuart smith has won dozens of cases against the oil industry and is recommending fishermen be put out of work because of the deep horizon disaster. we flew over the slick wi...

Quote, essential component. three years later after the complaints from the oil industry, mms determined it wasn't so essential after all, saying it would be too costly and ineffective. never mind the fact that bp is required to use it on rigs in two other countries. >> let's load up. >> reporter: stewart smith is an environmental attorney who has won dozens of cases against the oil industry send a representing fishermen put out of work because of the deep water horizon disaster. we flew over the spill site with him. >> there's the slick, it looks like a river. >> reporter: right. >> but it's ...