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Nalco says that not only should it not be included the companies that are asked to pay up in this case, but it should be excluded from any future cases:

The spill responders contend that the federal Clean Water Act provides them immunity from liability for actions taken at the government’s direction.

"Nalco provided Corexit at the express request of the federal on-site coordinators," Nalco attorneys wrote in the dismissal motion filed in May. "Nalco supplied a product that was and had been listed on the federal government's list of approved dispersants for decades and that the government repeatedly approved for use during the response."

This is a compelling argument, because it is true: Corexit was listed as an approved dispersant, and it was what BP decided to use on the Gulf. The problem, though, is something we've covered here before: The federal government doesn't consider the human or environmental effects of the chemicals when approving them for the list. Companies like Nalco don't even have to disclose what kinds of chemicals are in their product in order to get them approved, thanks to the extremely outdated and industry-friendly chemical regulation laws in this country. Current chemical regulation laws actually makes it really difficult for the Environmental Protection Agency to do more than give these chemicals a rubber stamp.

[link to www.motherjones.com]