Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004)
Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)
Alison V. Beam, Acting Secretary of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (Feb. 12, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-003)
Louisiana Legislature (codified in the Louisiana Revised Statutes), La. R.S. 29:769 (special powers during a state of public health emergency; control of property) (standing) (Ex. DUT-LA-008)
Food and Drug Administration, CDRH, Guidance for Industry and FDA Staff: Enforcement Policy for Ventilators and Accessories and Other Respiratory Devices During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency (March 2020) (Mar. 22, 2020) (Ex. AGY-FED-HEALTH-OTHER-043)
Alex M. Azar II, Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying emergency use of in vitro diagnostics, 85 Fed. Reg. 7316 (Feb. 7, 2020) (Feb. 4, 2020) (Ex. AGY-FED-HEALTH-OTHER-038)
Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039)
Food and Drug Administration, CDRH, Guidance: Enforcement Policy for Face Masks and Respirators During the Coronavirus Disease (COVID-19) Public Health Emergency (Mar. 25, 2020; revised Apr. 2020, May 2020, Sept. 2021; superseded Sept. 5, 2023) (Ex. AGY-FED-HEALTH-OTHER-044)
Judith M. Persichilli, R.N., B.S.N., M.A., Commissioner of Health, Executive Directive No. 20-035 (Dec. 15, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-019)
Judith Persichilli, Commissioner of Health, Executive Directive No. 20-006 (Revised) (Dec. 16, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-035)
Dr. Jeff Duchin, Local Health Officer, Public Health - Seattle & King County, Local Health Officer Order (emergency food for vulnerable populations) (May 29, 2020) (Ex. MET-SEA-049)
Food and Drug Administration, CDER, Guidance for Industry: Temporary Policy for Preparation of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency (COVID-19) (Mar. 19, 2020; updated Mar. 27 and Apr. 15, 2020, and later) (Ex. AGY-FED-HEALTH-OTHER-041)
Food and Drug Administration, CDER, Guidance for Industry: Temporary Policy for Manufacture of Alcohol for Incorporation Into Alcohol-Based Hand Sanitizer Products During the Public Health Emergency (COVID-19) (Mar. 24, 2020; updated Mar. 27 and Apr. 15, 2020, and later) (Ex. AGY-FED-HEALTH-OTHER-042)
Washington State Board of Health, Chapter 246-100 WAC (standing) (Ex. DUT-WA-006)
Food and Drug Administration, CFSAN, Guidance for Industry: Temporary Policy Regarding Nutrition Labeling of Certain Packaged Food During the COVID-19 Public Health Emergency (Mar. 26, 2020) (Ex. AGY-FED-HEALTH-OTHER-045)
President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)
Judith Persichilli, Commissioner of Health, Executive Directive No. 20-007 (Apr. 11, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-057)
Judith M. Persichilli, Commissioner of Health, Executive Directive No. 20-027 (Aug. 24, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-025)
Judith Persichilli, Commissioner of Health, Executive Directive No. 20-008 (Apr. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-056)
Heidi W. Steinecker, Deputy Director, Center for Health Care Quality, CDPH, AFL 20-52, Coronavirus Disease 2019 (COVID-19) Mitigation Plan Implementation and Submission (May 11, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-088)
Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-104)
Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108)
President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)
FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)
President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)
Jacqueline A. O'Shaughnessy, Acting Chief Scientist, FDA (letter to CDC), Emergency Use Authorization: NIOSH-approved air purifying respirators for health care personnel (issued Mar. 2, 2020; reissued Mar. 28, 2020 and July 12, 2021) (Ex. AGY-FED-HEALTH-OTHER-052)
Judith M. Persichilli, Commissioner of Health, Memorandum: COVID-19 Vaccination Expectations of 'Open' Points of Dispensing (Jan. 22, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-023)
Michigan Department of Health and Human Services, Michigan COVID-19 Vaccination Interim Prioritization Guidance (updated Feb. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-103)
Cabinet for Health and Family Services, Department for Public Health (Secretary Friedlander; Commissioner Stack), CHFS Order of September 10, 2020 further modifying the March 23, 2020 directives (bundled with the Apr. 27, May 1, May 8 and May 27, 2020 health-care orders) (Sept. 10, 2020) (Ex. KY-029)
Governor Jim Justice, Executive Order 30-20 (Apr. 27, 2020) (Ex. WV-024)
Randall W. Williams, MD, Director, Department of Health and Senior Services, DHSS Director's waiver letter of March 24, 2020 (Mar. 24, 2020) (Ex. MO-003)
Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)
Alex M. Azar II, Secretary of Health and Human Services, Emergency Use Authorization Declaration (medical devices, including alternative products used as medical devices), 85 Fed. Reg. 17335 (Mar. 27, 2020) (Mar. 24, 2020) (Ex. AGY-FED-HEALTH-OTHER-036)
Alex M. Azar II, Secretary of Health and Human Services, Emergency Use Authorization Declaration (drugs and biological products), 85 Fed. Reg. 18250 (Apr. 1, 2020) (Mar. 27, 2020) (Ex. AGY-FED-HEALTH-OTHER-037)
Alex M. Azar II, Secretary of Health and Human Services, Emergency Use Declaration (personal respiratory protective devices), 85 Fed. Reg. 13907 (Mar. 10, 2020) (Mar. 2, 2020) (Ex. AGY-FED-HEALTH-OTHER-039)
Food and Drug Administration, HHS, Notice, Guidance Documents Related to Coronavirus Disease 2019 (COVID-19); Availability, 85 Fed. Reg. 27987 (May 12, 2020) (Ex. AGY-FED-HEALTH-OTHER-033)
Governor Brian P. Kemp, Executive Order 03.14.20.01 (Mar. 14, 2020) (Ex. GA-001)
President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)
President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)
Department of Labor and Industries (with the Department of Health), Emergency rule WAC 296-307-16102, Additional requirements to protect occupants from 2019 novel coronavirus (COVID-19) exposure in temporary worker housing, CR-103E Rule-making Order AO20-09 (adopted May 13, 2020; effective May 18, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-057)
President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. ECO-A-060)
FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 86835 (Dec. 31, 2020) (Ex. ECO-A-067)
FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use; Additional Exemptions, 86 Fed. Reg. 31448 (June 14, 2021) (Ex. ECO-A-068)
FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)
President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)
FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension) (Dec. 31, 2020) (Ex. SEC-10-009)
Governor Philip D. Murphy, Executive Order No. 111 (2020) (Mar. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-003)
Thomas W. Prevoznik, Deputy Assistant Administrator, Diversion Control Division, DEA (letter to the Healthcare Distribution Alliance), DEA-DC-019 (DEA066), letter granting an exception permitting transmission of DEA Form 222 by fax or scan during the COVID-19 emergency (Mar. 20, 2020) (Ex. AGY-FED-HEALTH-OTHER-012)
Denise M. Hinton, Chief Scientist, FDA, Emergency Use Authorization: Face Shields (umbrella) (issued Apr. 9, 2020; amended Apr. 13, 2020) (Ex. AGY-FED-HEALTH-OTHER-053)
Occupational Safety and Health Standards Board, Finding of Emergency, Government Code section 11346.1: Proposed Emergency Regulation, COVID-19 Prevention (Title 8, §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4), Business Meeting November 19, 2020 (Nov. 19, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-002)
President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)
Denise M. Hinton, Chief Scientist, FDA, Emergency Use Authorization: Imported, Non-NIOSH-Approved Disposable Filtering Facepiece Respirators (issued Mar. 24, 2020; reissued Mar. 28, 2020, May 7, 2020 and Mar. 24, 2021; revoked July 6, 2021) (Ex. AGY-FED-HEALTH-OTHER-049)
Denise M. Hinton, Chief Scientist, FDA, Emergency Use Authorization: Gowns and Other Apparel (umbrella) (May 22, 2020) (Ex. AGY-FED-HEALTH-OTHER-054)
President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. ECO-A-063)
President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)
President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)
Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)
President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)
Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (testing and reporting; hospital surge capacity; in force to Dec. 31, 2021) (Ex. MD-055)
William T. McDermott, Assistant Administrator, Diversion Control Division, DEA, DEA-DC-027 (DEA083), letter to DEA-registered distributors and manufacturers granting an exception to the signed-delivery requirement for narcotic shipments to narcotic treatment programs (Apr. 10, 2020) (Ex. AGY-FED-HEALTH-OTHER-017)
Food and Drug Administration, HHS, Notice, Authorization of Emergency Use of Certain Medical Devices During COVID-19; Availability, 85 Fed. Reg. 34638 (June 5, 2020) (Ex. AGY-FED-HEALTH-OTHER-034)
Denise M. Hinton, Chief Scientist, FDA (letter to Battelle Memorial Institute), Emergency Use Authorization: Battelle Critical Care Decontamination System for decontaminating compatible N95 respirators (issued Mar. 28, 2020; reissued Jan. 21, 2021; revoked June 30, 2021) (Ex. AGY-FED-HEALTH-OTHER-050)
Food and Drug Administration (Office of the Chief Scientist), Emergency Use Authorization: Surgical Masks (umbrella) (issued Aug. 5, 2020; reissued Mar. 6, 2023) (Ex. AGY-FED-HEALTH-OTHER-055)
President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. ECO-A-061)
Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)
Federal Emergency Management Agency, DHS, Notification of Additional Exemptions to the PPE allocation rule (June 11, 2021) (Ex. FED-079)
Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)
Governor John Bel Edwards, Proclamation 94 JBE 2021 (May 25, 2021) (Ex. LA-033)
Governor Andrew M. Cuomo, Executive Order No. 202.10 (Mar. 23, 2020) (Ex. NY-005)
President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)
Governor Jay Inslee, Proclamation 20-57 (May 28, 2020) (Ex. WA-033)
Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (Ex. MT-021)
William T. McDermott, Assistant Administrator, Diversion Control Division, DEA, DEA-DC-029 (DEA085), letter granting a temporary exception to the five percent rule for practitioners distributing controlled substances to other registrants during the COVID-19 emergency (Apr. 13, 2020) (Ex. AGY-FED-HEALTH-OTHER-019)
Denise M. Hinton, Chief Scientist, FDA, Emergency Use Authorization: Ventilators, anesthesia gas machines modified for use as ventilators, positive pressure breathing devices modified for use as ventilators, ventilator tubing connectors and ventilator accessories (Mar. 24, 2020) (Ex. AGY-FED-HEALTH-OTHER-051)
Oklahoma Legislature (Senate Bill 1947, 2d Sess., 57th Leg.), 76 O.S. 112 (SB 1947, 2020), COVID-19 Product Protection Act (standing) (Ex. DUT-OK-014)
Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)
Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)
Governor Tom Wolf, Order of the Governor to Ensure the Efficient Allocation and Effective Use of Critical Medical Resources (Apr. 8, 2020) (Ex. PA-052)
OSHA, Directorate of Enforcement Programs (Patrick J. Kapust, Acting Director), to Regional Administrators and State Plan Designees, Memorandum, Temporary Enforcement Guidance - Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak (Mar. 14, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-015)
Governor Philip D. Murphy, Executive Order No. 113 (2020) (Apr. 2, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-004)
California Department of Corrections and Rehabilitation (Secretary Ralph Diaz) and CCHCS, CDCR 'COVID-19 Response Efforts' chronology (as archived Apr. 30, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-007)
Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards, 8 C.C.R. secs. 3205, 3205.1, 3205.2, 3205.3, 3205.4 (Nov. 19, 2020) (Ex. CA-023)
Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4 (June 17, 2021) (Ex. CA-024)
Acting Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. ECO-A-070)
Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)
Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. SEC-07-036)
OSHA Directorate of Enforcement Programs to Regional Administrators and State Plan Designees, Memorandum, Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the Coronavirus Disease 2019 (COVID-19) Pandemic (Apr. 3, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-016)
OSHA Directorate of Enforcement Programs, Memorandum, Enforcement Guidance on Decontamination of Filtering Facepiece Respirators in Healthcare During the COVID-19 Pandemic (Apr. 24, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-022)
Governor Greg Abbott and Attorney General Ken Paxton, Joint Statement on Reports of Price-Gouging of Medical Supplies in Texas (Mar. 6, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043)
Missouri General Assembly (Revised Statutes of Missouri, chapter 44, Civil Defense / Emergency Management), RSMo 44.100 (standing) (Ex. DUT-MO-005)
Oklahoma Legislature (Oklahoma Emergency Management Act of 2003), 63 O.S. 683.9 (text effective Nov. 1, 2009 to June 30, 2025) (standing) (Ex. DUT-OK-006)
Mayor Jenny A. Durkan, Civil Emergency Order: Restricting Restaurant Delivery and Pick-Up Commission Fees (Apr. 24, 2020) (Ex. MET-SEA-012)
Snohomish County Executive Dave Somers, Emergency Executive Order No. 20-02: Order Regarding Grocery Supply Chains (Mar. 13, 2020) (Ex. MET-SEA-043)
Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)
Governor Andrew M. Cuomo, Executive Order No. 202.14 (Apr. 7, 2020) (Ex. NY-016)
Governor Jim Justice, Executive Order 28-20 (Apr. 20, 2020) (Ex. WV-023)
Secretary of Homeland Security, through USCIS, Temporary final rule, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-005)
Secretary of Homeland Security, through USCIS, Temporary final rule, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-006)
OSHA Directorate of Enforcement Programs, Memorandum, Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in All Industries During the COVID-19 Pandemic (Apr. 8, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-018)
National Marine Fisheries Service, Temporary rule; interim final action, 'Emergency Measures To Address Fishery Observer Coverage During the Coronavirus Pandemic' (revising the termination date of the Observer Waiver Rule), 86 Fed. Reg. 16307 (Mar. 29, 2021), RIN 0648-BK33, Docket No. 210324-0064 (Ex. AGY-FED-LANDS-SCIENCE-COURTS-067)
New Hampshire General Court, RSA 141-C:11 (standing) (Ex. DUT-NH-002)
President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)
Governor Gina M. Raimondo, Executive Order 20-17 (Apr. 7, 2020) (Ex. RI-011)
Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)
Department of Business and Professional Regulation, Secretary Halsey Beshears, DBPR Emergency Order 2020-02 (Mar. 23, 2020) (Ex. FL-091)
