United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018)
Department of Health and Social Services, Division of Public Health (regulation), 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history) (standing) (Ex. DUT-DE-007)
Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted (standing) (Ex. DUT-DE-019)
Governor John C. Carney, First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-002)
Governor John C. Carney, Governor's release announcing the First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-070)
Governor John C. Carney, Second Modification of the Declaration of a State of Emergency (Mar. 18, 2020) (Ex. DE-003)
GT USA Wilmington, LLC (private concessionaire operating the State-owned Port of Wilmington for the Diamond State Port Corporation), Commercial Vice President David J. Harriss, GT USA Wilmington letter to partners, Mar. 19, 2020: from Mar. 20, 2020 every truck driver asked two screening questions at the gate (foreign travel outside the U.S. or Canada in 14 days; fever, illness or congestion); a 'yes' bars entry to the port (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-066)
Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003)
Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)
Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)
Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 24, 2020) (Ex. SEC-13-106)
Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)
Governor John C. Carney, Ninth Modification of the Declaration of a State of Emergency (Apr. 1, 2020) (Ex. DE-012)
Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)
Governor John C. Carney, Fifteenth Modification of the Declaration of a State of Emergency (May 7, 2020) (Ex. DE-019)
Delaware Division of Public Health (implementing the Governor's State of Emergency modifications), Resumption of Elective and Non-Urgent Medical Procedures (May 18, 2020) (Ex. SEC-03-059)
Governor John C. Carney, Nineteenth Modification of the Declaration of a State of Emergency (May 22, 2020) (Ex. DE-023)
Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE Reg. 966 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-063)
Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-064)
Governor John C. Carney, Twentieth Modification of the Declaration of a State of Emergency (May 31, 2020) (Ex. DE-024)
Delaware Division of Small Business, Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene) (May 31, 2020) (Ex. DUT-DE-010)
State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015)
Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025)
Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009)
State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016)
Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017)
Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)
Governor John C. Carney, Twenty-Fourth Modification of the Declaration of a State of Emergency (July 24, 2020) (Ex. DE-028)
Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), 16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments) (standing) (Ex. DUT-DE-008)
Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011)
Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)
Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)
Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg. 434 (Nov. 1, 2020)) (Sept. 30, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-065)
Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal) (24 DE Reg. 304 (Oct. 1, 2020)) (Sept. 25, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-067)
Governor John C. Carney, Second Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 5, 2020) (Ex. DE-057)
Governor John C. Carney, Third Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 20, 2020) (Ex. DE-032)
Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033)
Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1, 2021)) (Jan. 19, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-066)
Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001)
Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005)
Delaware General Assembly (codified statute), 19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information) (standing) (Ex. DUT-DE-013)
Governor John C. Carney, Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021) (Ex. DE-037)
Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021)) (June 17, 2021) (Ex. DE-062)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021)) (June 25, 2021) (Ex. DE-063)
Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (July 12, 2021) (Ex. DE-041)
Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees (Aug. 11, 2021) (Ex. AGY-ST-COURTS-041)
Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees) (Aug. 11, 2021) (Ex. AGY-ST-COURTS-062)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-043)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-044)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-045)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-047)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-048)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-049)
Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-050)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5 (Sept. 10, 2021) (Ex. DE-046)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047)
Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5 (Sept. 10, 2021) (Ex. DE-055)
Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees' (Aug. 12, 2021) (Ex. DE-064)
Governor John Carney, Vaccination or testing requirements for State employees, long-term care facility and health care facility workers announced August 12, 2021 ('COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees') (Aug. 12, 2021) (Ex. ECO-B-132)
Secretary of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Orders adding COVID-19 testing, vaccination-status and work-exclusion requirements for all staff, vendors and volunteers of DHCQ-regulated facilities, effective Sept. 30, 2021 (16 DE Admin. Code 3201, 3225, 3220, 3230, 4406, 4407 and others) (Aug. 12, 2021) (Ex. SEC-01-135)
Delaware Department of Health and Social Services / Division of Public Health (release), DHSS announcement of vaccination-or-testing requirements for long-term care facilities, health care facilities and State employees (Aug. 12, 2021) (Ex. SEC-04-055)
Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 4202 § 7.7.1.5-7.7.1.6 (K-12 school staff testing program) (Oct. 15, 2021) (Ex. DE-054)
Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012)
Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002)
Delaware General Assembly (codified statute), 16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies) (standing) (Ex. DUT-DE-004)
Delaware General Assembly (codified statute), 16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses) (standing) (Ex. DUT-DE-006)
