Firstly, it seems as though these dispersants are still the standard in the US clean-up industry. That might be why they haven’t been outlawed: they still are integral to the industry in the United States, and would have to be slowly phased out. They are, admittedly, somewhat effective at what they do, but they are HIGHLY toxic.
Secondly, they are also being used in such huge amounts out of desperation. The UK and other countries that have outlawed dispersants have also not ever experienced an oil-based disaster of this size before. Companies need to look like they’re doing something productive when they’re cleaning, and they themselves are probably worried about the oil itself. People can be vastly irresponsible when they want to maintain an image.
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