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Welcomed Guidance: DoD Issues Controlled Unclassified Information (CUI) Program Instructions

Client Alert | 1 min read | 03.31.20

The Defense Department (DoD) recently released Department of Defense Instruction (DoDI) 5200.48, “Controlled Unclassified Information (CUI),” which provides the DoD’s long-anticipated guidance on how to mark and handle CUI in accordance with the Federal Government’s broader CUI Program and DFARS 252.204-7012.  In doing so, it cancels legacy CUI guidance under DoD Manual 5200.01, Volume 4, “DoD Information Security Program: Controlled Unclassified Information.”

Notably, DoDI 5200.48 unveils the official DoD CUI Registry.  Although public access is currently restricted, the DoD CUI Registry is intended to provide an official list of Indexes and Categories that the DoD will immediately begin using to affirmatively identify CUI provided to its contractors, potentially clarifying what has been a common source of confusion for the contracting community. 

DoDI 5200.48 is part of the DoD’s “phased” approach to fully implementing its CUI Program, and it notes throughout that additional guidance will be forthcoming.

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Client Alert | 5 min read | 08.26.26

D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances

In a significant and unanimous ruling, the D.C. Circuit upheld the Environmental Protection Agency’s (“EPA”) final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), denying the petitions of seven industry groups seeking to overturn that designation.[1] CERCLA, also known as the “Superfund Statute,” allows EPA to require potentially responsible parties to fund cleanup of hazardous substances....

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