for negligence say the company led first responders to think this wasn't going to be that bad. >> you can't blame the government officials. they were all there ready to work. first responders were there. bp told them that we got it under control. we have it capped. and people left. >> as to the cause, the best they can do is talk about the piece of equipment that obviously didn't work. tony heyward, the ceo, said the blowout preventer, these are his words, is the ultimate fail safe mechanism and for whatever reason, it failed to operate. he blames another company which oenlz the equipment that failed and operated the rig. >> a responsibility for safety on the drilling rig is with transocean. it is their rig. their equipment. their people. their systems. their safety processes. >> reporter: trans ocean won't comment, citing a federal investigation. keeping them honest, there are other issues that point not only at bp but also at the entire industry as well as the government. here's why. a device called an acoustic