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)
Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3 (July 30, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-116)
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)
Mayor LaToya Cantrell, Mayoral Proclamation to Further Promulgate Emergency Orders During the State of Emergency Due to COVID-19 (phased reopening; delegation to Director of Health) (May 15, 2020) (Ex. MET-MSY-005)
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)
Alison V. Beam, Acting Secretary of Health, Updated Order of the Acting Secretary of the Pennsylvania Department of Health Directing Vaccine Providers' Administration of COVID-19 Vaccines (July 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-068)
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the Coronavirus Disease (COVID-19) Public Health Emergency (Mar. 25, 2020; revised Apr. 2020, May 2020, Sept. 2021; superseded Sept. 5, 2023) (Ex.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)
Philip Huang, M.D., M.P.H., Local Health Authority, City/County of Dallas (Dallas County Health and Human Services), Order of the Local Health Authority Closing Certain Businesses (July 24, 2020) (Ex. MET-DFW-022)
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)
New York State Department of Health / Public Health and Health Planning Council (New York State Register, Aug. 18, 2021, Vol. XLIII, Issue 33), 10 NYCRR Subpart 66-4 (COVID-19 Vaccinations of Nursing Home and Adult Care Facility Residents and Personnel), emergency readoption I.D. No. HLT-33-21-00001-E, filed and effective July 30, 2021; with 405.11/415.19 PPE (HLT-33-21-00002-E) and Part 360 Surge and Flex (HLT-33-21-00003-E), both July 30, 2021 (Ex. NY-135)
Adam Crum, Commissioner, DHSS, Addendum No. 1 to the COVID-19 Public Health Emergency Order (Crisis Standards of Care) (Sept. 21, 2021) (Ex. AK-031)
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 (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108)
President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)
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)
Maine Legislature (22 M.R.S. chapter 562, Eating Establishments, Lodging Places, Campgrounds, Recreational and Sporting Camps, Youth Camps, Public Pools and Public Spas; administered by the DHHS Health Inspection Program), 22 M.R.S. sec. 2492 (license required), sec. 2496 (Department rulemaking; Maine Food Code), sec. 2497 (right of entry and inspection without warrant), sec. 2498 (fines; correction directives; penalties for operating unlicensed; Attorney General injunction), sec. 2500 (suspension or revocation; emergency suspension where conditions 'may endanger the life, health or safety of persons') (standing) (Ex. DUT-ME-008)
New Orleans Health Department under the May 15, 2020 Mayoral Proclamation (and a May 26, 2021 further proclamation, recited), City of New Orleans Health Department COVID-19 Reopening Guidelines, August 13, 2021 (vaccination or negative test required for entry to indoor establishments) (Aug. 13, 2021) (Ex. MET-MSY-029)
Governor Jim Justice, Executive Order 30-20 (Apr. 27, 2020) (Ex. WV-024)
Commissioner of Health of the City of Chicago, Public Health Order No. 2020-5 (Ninth Amended and Re-issued) (May 18, 2021) (Ex. MET-CHI-010)
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)
Governor Kay Ivey, Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021 (Aug. 13, 2021) (Ex. AL-052)
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)
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)
City-County Council of Indianapolis and Marion County, Minutes of the City-County Council meeting of May 10, 2021 (adoption of Proposal No. 170, 2021 as Special Ordinance No. 3, 2021) (Ex. MET-IND-080)
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)
Centers for Disease Control and Prevention, HHS, Notice, Temporary Suspension of Dogs Entering the United States From High-Risk Rabies Countries, 86 Fed. Reg. 32041 (June 16, 2021) (Ex. AGY-FED-HEALTH-OTHER-126)
City-County Council of Indianapolis and Marion County, Minutes of the City-County Council meeting of June 7, 2021 (adoption of Proposal No. 195, 2021 as Special Ordinance No. 4, 2021) (Ex. MET-IND-081)
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)
Governor Ned Lamont; Commissioners of Education and Early Childhood (binding rules), Executive Order No. 9 (Sept. 4, 2020) (Ex. CT-026)
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)
City-County Council (initiated by MCPHD; sponsors Boots, McCormick, Jackson, Osili, Adamson), Proposal No. 170, 2021 (Special Ordinance No. 3, 2021) (May 10, 2021) (Ex. MET-IND-082)
City-County Council (initiated by MCPHD; sponsor Osili), Proposal No. 195, 2021 (Special Ordinance No. 4, 2021) (June 7, 2021) (Ex. MET-IND-083)
President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)
Food and Drug Administration, HHS, Notice, Revocation of Authorization of Emergency Use of Certain Medical Devices During COVID-19; Availability, 86 Fed. Reg. 48712 (Aug. 31, 2021) (Ex. AGY-FED-HEALTH-OTHER-048)
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)
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)
Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)
Governor John Bel Edwards, Proclamation 145 JBE 2021 (Aug. 6, 2021) (Ex. LA-037)
Governor John Bel Edwards, Proclamation 168 JBE 2021 (Aug. 31, 2021) (Ex. LA-039)
Governor John Bel Edwards, Proclamation 182 JBE 2021 (Sept. 28, 2021) (Ex. LA-041)
President, Executive Order 13910 (Mar. 23, 2020) (Ex. SEC-01-015)
Governor Philip B. Scott, Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044)
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 (Xavier Becerra), 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. 35810 (July 7, 2021) (Ex. ECO-A-071)
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 Brad Little, Proclamation suspending additional State regulations (with appendix) (Apr. 23, 2020) (Ex. ID-020)
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 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 JB Pritzker, Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Jan. 19, 2021) (Ex. IL-034)
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. 35810 (July 7, 2021) (Ex. SEC-07-031)
California Department of Alcoholic Beverage Control, Fourth Notice of Regulatory Relief (May 15, 2020) (Ex. AGY-ST-ALCOHOL-064)
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)
General Court (Legislature); approved by the Governor, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. MA-053)
Governor Lawrence J. Hogan, Jr, Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031)
Mayor Bill de Blasio, Emergency Executive Order No. 100 (Mar. 16, 2020) (Ex. MET-NYC-003)
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)
Department of Alcoholic Beverage Control, Fourth Notice of Regulatory Relief (May 15, 2020) (Ex. SEC-05-012)
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)
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)
Governor Albert Bryan Jr, Fifth Supplemental Executive Order and Proclamation (Apr. 20, 2020) (Ex. AGY-TERRITORIES-044)
Department of Alcoholic Beverage Control, Notices of Regulatory Relief (First Notice March 19, 2020; Second through Fifth Notices, March-June 2020) and COVID-19 advisories (Mar. 19, 2020) (Ex. CA-057)
General Assembly of Arkansas (Acts 1973, No. 511, sec. 8; Arkansas Emergency Services Act of 1973), Ark. Code Ann. 12-75-114, Governor -- Disaster emergency responsibilities (standing) (Ex. DUT-AR-005)
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)
Government of Japan under art. 32(1) of the Act on Special Measures, Third Declaration of a State of Emergency (Apr. 23, 2021; Tokyo, Osaka, Kyoto, Hyogo, later expanded) and Fourth Declaration (announced July 8, 2021; Tokyo from July 12, 2021; Okinawa continued; expanded in August to Osaka, Saitama, Chiba, Kanagawa and other prefectures), extended to Sept. 30, 2021; quasi-emergency measures in additional prefectures (Ex. FOR-027)
General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)
Mayor Melvin Carter III, Emergency Executive Order 2020-40 (Dec. 4, 2020) (Ex. MET-MSP-033)
Louisville Metro Council, Ordinance No. 057, Series 2020 (O-200-20) (May 14, 2020) (Ex. MET-SDF-003)
Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020)
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)
Kentucky General Assembly (2020 Regular Session); signed by Governor Beshear, 2020 Senate Bill 150, Acts ch. 73 (2020 Ky. Acts 310) (Mar. 30, 2020) (Ex. KY-012)
