Skip to content
The COVID Project

The governmental orders by layer

From March 13, 2020 through September 30, 2021 an employer in mining, oil and gas or energy services operated under orders from every layer of government that had power to issue one: the President, the Centers for Disease Control and Prevention, the Transportation Security Administration, the Department of Homeland Security, the Occupational Safety and Health Administration, the Federal Emergency Management Agency, the Federal Energy Regulatory Commission and the Department of Defense at the federal level; the governors, health officers, oil and gas regulators, land commissioners, utility commissions and occupational-safety agencies of the fifty States and the District of Columbia; the Navajo Nation, the Mescalero Apache Tribe, the Yakama Nation and the other tribal governments on whose lands the industry's mines, wells and pipelines sit; and the county judges, mayors, health districts and courts of the metropolitan areas where the industry keeps its offices, its yards and its supply bases. Every layer reached at least one of the eleven functions described above in every one of the six quarters. This section sets out the layers; the next sets out the quarters. The Service's form sentence treats the record as though it consisted of a handful of stay-home orders that expired in May 2020. That is not the record.

The universe

The scale of the orders is not a matter of impression. The Centers for Disease Control and Prevention counted forty-two States and territories that issued mandatory stay-at-home orders between March 1 and May 31, 2020, covering 2,355 of the nation's 3,233 counties, and found that "most jurisdictions issued multiple orders."17 The COVID Analysis and Mapping of Policies project counted more than 20,000 national and State policy measures in the United States and found that ninety-five percent of them issued before November 23, 2021, which is to say that the policy-making did not stop when the stay-home orders ended.18 Ballotpedia counted 2,065 executive orders of governors and State agencies between February and June 29, 2020 alone.19 The Department of Health and Human Services' own policy dataset recorded 4,218 State and county policy actions between March 23, 2020 and August 31, 2021, and its curators stopped coding in the spring of 2021, so the figure is a floor for 2020 and no measure of 2021.20 The Kaiser Family Foundation's State-by-State files, read at each quarter boundary, show thirty-five emergency declarations and nine statewide mask requirements in force on July 2, 2021, and twenty-five emergency declarations and eleven statewide mask requirements in force on September 21, 2021.21 The Bureau of Economic Analysis attributed the second-quarter 2020 collapse of gross domestic product to "stay-at-home orders" by name; the Comptroller General did the same.22 None of these figures is a count of the orders this analysis relies on. Each is a measure of the field from which those orders are drawn, and each is a public record of an agency or institution.

The regulators as issuers

For this industry the universe has a second dimension that most industries lack. The orders that reached a mining or energy employer were issued not only by governors and health officers but by the industry's own regulators, acting under their organic statutes in response to the same emergency. The Railroad Commission of Texas, the North Dakota Industrial Commission, the New Mexico Commissioner of Public Lands, the Oklahoma Corporation Commission and the Federal Energy Regulatory Commission each issued instruments between March 19, 2020 and September 14, 2021 that changed the terms on which wells could be drilled, completed, produced, shut in and reported, on which pipelines could be certificated and built, and on which the industry's customers could collect their bills.23 Those instruments are orders from appropriate governmental authorities in the plainest sense: they are the commands of the bodies whose commands the industry exists to obey.

The federal layer

The federal layer had a beginning, a middle and an end, and the end came after September 30, 2021. Its instruments are set out here quarter by quarter, because the Service's position that the federal government issued nothing that reached a private employer is the position most easily disproved by a list. The full federal record is on this site's federal page.

The predicates

The Secretary of Health and Human Services determined on January 31, 2020 that a public health emergency existed nationwide, and renewed the determination without interruption; the renewal of July 19, 2021 took effect July 20 and ran past the end of the claim period.24 The President declared a national emergency under the National Emergencies Act on March 13, 2020 and continued it by notice of February 24, 2021; he made an emergency determination under section 501(b) of the Stafford Act the same day, covering every State, tribe and territory.25 Those instruments are the predicates that every federal order below recites and that every State disaster declaration in the State section mirrors. They are not the orders. The orders follow.

The second quarter of 2020 and the March run-up

On February 2 and March 2, 2020 the President suspended the entry of persons who had been in China and Iran; on March 13 and March 16 he suspended the entry of persons who had been in the Schengen Area, the United Kingdom and Ireland; on May 26 he added Brazil.26 On March 20, 2020 the Department of Homeland Security limited crossings at every land port of entry on the Canadian and Mexican borders to "essential travel," and renewed the limit each month for nineteen months.27 On the same day the Centers for Disease Control and Prevention ordered the suspension of the introduction of certain persons from Canada and Mexico under sections 362 and 365 of the Public Health Service Act, extended it on April 20 and made it indefinite on May 21.28 The Department of State suspended routine visa services at every post on March 20, 2020, and the Citizenship and Immigration Services closed its offices to the public from March 18 to June 4.29 On April 22 the President suspended the entry of immigrants for sixty days, and on June 22 he suspended the entry of nonimmigrants on H-1B, H-2B, L and certain J visas through December 31, 2020, later extended to March 31, 2021; the engineers, technicians and specialty welders the industry brings in on those visas were the persons described.30 The Department of Labor and the Department of Homeland Security issued temporary rules changing the terms on which H-2A and H-2B workers could be hired and retained during the emergency.31

The Defense Production Act and the respirators

On March 18, 2020 the President invoked the Defense Production Act for health and medical resources; on March 23 he prohibited hoarding of designated scarce materials; on March 25 the Secretary of Health and Human Services designated N95 respirators among them; and on April 7 the Federal Emergency Management Agency adopted a temporary final rule prioritizing and allocating those respirators and barring their export without approval, a rule extended on August 10 and December 31, 2020 to June 30, 2021.32 The N95 respirator is the respirator a well-services crew wears against hydrogen sulfide exposure and a miner wears against silica; the allocation rule reached the supply function of every employer in this industry for fifteen months. On March 20 the Under Secretary of Defense told the defense industrial base which of its contractors were "essential critical infrastructure," and on April 8 the Department adopted the class deviation implementing section 3610 of the CARES Act for contractors whose facilities were closed or restricted "due to COVID-19."33 On March 13 the Deputy Secretary of Defense stopped all domestic travel for Department components, and the stop ran, in conditions-based form, through the end of the claim period.34

The federal workforce and the leave mandates

The Office of Management and Budget directed the federal workforce to maximum telework on March 17, 2020 and aligned agency operations to the national guidelines on April 20; the Secretary of the Interior placed the Department's workforce, including the Bureau of Land Management and the Bureau of Safety and Environmental Enforcement, on weather and safety leave and telework on March 22.35 Every drilling permit, right-of-way grant, unit agreement, royalty-relief application and plan of development that an operator files with those bureaus went to a closed office from that day. The Environmental Protection Agency announced a temporary enforcement policy, retroactive to March 13, 2020, under which routine compliance monitoring and reporting obligations could be excused where "COVID-19 was the cause of the noncompliance"; the policy is described here as what it is, a policy and not an order, and it is evidence that the federal government itself recognized that the orders had made ordinary compliance impossible.36 The Families First Coronavirus Response Act imposed paid-leave mandates on every employer of fewer than 500 employees from April 1, 2020, implemented by a temporary rule of April 1 and a revised rule of September 16, 2020; both ran to December 31, 2020.37

The customs rule

On April 20, 2020 the Department of the Treasury and Customs and Border Protection adopted a temporary final rule postponing the deposit of estimated duties for importers who could demonstrate "significant financial hardship," and defined that hardship in the words of the Suspension Clause itself: an importer qualified if its "operations are fully or partially suspended during March 2020 or April 2020 due to orders from a competent governmental authority limiting commerce, travel, or group meetings due to COVID-19."38 The Executive Branch thus told every importer of tubulars, bits, pumps and mining machinery, in a rule published in the Federal Register, that the orders of March and April 2020 had fully or partially suspended the operations of American businesses. The Service's position that they had not is a position the Executive Branch contradicted in its own rulemaking.

FERC, the critical-infrastructure list and the ports

The Federal Energy Regulatory Commission acted on April 2, 2020. Its Policy Statement on Business Continuity of Energy Infrastructure found that regulated entities "have had to take unprecedented actions in response to the emergency conditions, including directing staff to work remotely for an extended period, which may disrupt, complicate, or otherwise change their normal course of business operations," and its Order No. 870 delegated to staff the authority to act on COVID-19 waiver and extension requests; on May 5 it shortened the comment period for section 204 filings "to ensure regulated entities' liquidity in the face of the COVID-19 pandemic"; on June 16 it issued its policy statement on the effects of COVID-19 on oil pipelines; and on June 5 it noticed a technical conference on the impacts of COVID-19 on the energy industry for July 8 and 9.39 Order No. 870 is the order; the policy statements and the notices are the Commission's own record, made at the time, of the regime it administered under that order, and this analysis cites them as that record and not as orders. The Cybersecurity and Infrastructure Security Agency's advisory list of essential critical infrastructure workers, issued March 19, 2020 and revised March 28, April 17, May 19 and August 18, 2020, is guidance and is cited as such; it matters because Texas, Kentucky, Louisiana, Florida, Georgia, Massachusetts, Connecticut, Michigan and Mississippi incorporated it by reference into orders that bound every business in the State.40 The Coast Guard's Marine Safety Information Bulletins on port and facility operations, issued March 18 and revised April 17 and May 7, 2020, are the record of the regime under which every Gulf of Mexico supply base and every crude export terminal operated; they are cited as evidence of that regime, and the orders they implemented are the orders cited above.41

The third quarter of 2020

The land-border limits were renewed on July 22, August 21 and September 23, 2020.42 The nonimmigrant entry suspension of June 22 remained in force; the Title 42 order remained in force; the respirator allocation rule was extended and modified on August 10.43 The Department of Labor's revised paid-leave rule took effect September 16.44 The Department of Defense moved from a stop-movement order to a conditions-based approach on May 22, under which travel to and from installations remained restricted where local conditions had not met the Department's gating criteria.45 FERC's shortened comment period ran to September 1 and its technical conference sat on July 8 and 9.46

The fourth quarter of 2020

The land-border limits were renewed on October 22, November 23 and December 22, 2020.47 On October 13 the Centers for Disease Control and Prevention replaced its March order with an order suspending the right to introduce certain persons from Canada and Mexico, which remained in force until August 2, 2021.48 On December 31 the respirator allocation rule was extended to June 30, 2021; on December 18 the Department of Homeland Security extended its H-2A flexibilities.49 FERC's docket recorded the industry's own account of the quarter: UGI LNG's request for an extension of time to complete a certificated liquefaction project recited construction delays caused by the pandemic.50

The first quarter of 2021

On January 20 and 21, 2021 the President ordered mask-wearing and physical distancing, the occupational-health and airborne-transmission controls of the federal workplace, in federal buildings and on federal lands, directed the agencies to require masks in interstate travel, and directed the Occupational Safety and Health Administration to consider an emergency temporary standard.51 On January 25 he continued the Schengen, United Kingdom, Ireland and Brazil suspensions and added South Africa.52 On January 26 the Centers for Disease Control and Prevention required a negative pre-departure test of every air passenger arriving from abroad.53 On January 27 the Secretary of Homeland Security determined that a national emergency required actions to protect the safety of Americans using the transportation system, and at 11:59 p.m. on February 1, 2021 the Centers for Disease Control and Prevention's order requiring masks on every conveyance and at every transportation hub, the airborne-transmission control that governed every flight, bus, train and hub in the country, took effect, implemented by the Transportation Security Administration's Security Directives 1582/84-21-01, 1544-21-02 and 1542-21-01 and Emergency Amendment 1546-21-01, each effective the same night.54 From that night every crew flight to the North Slope, every helicopter to a Gulf platform, every charter to a Permian rotation and every airport in the country operated under a federal order that limited travel to persons who complied with it. The Office of Management and Budget's Memorandum M-21-15 of January 24 required masks and distancing in every federal workplace immediately and limited occupancy to twenty-five percent; the Bureau of Land Management's field offices, the Minerals Management offices and the Mine Safety and Health Administration's district offices operated under it.55 The land-border limits were renewed on January 19, February 23 and March 19, 2021; the nonimmigrant suspension expired March 31.56 The Occupational Safety and Health Administration launched its National Emphasis Program on COVID-19 on March 12, 2021, directing inspections of workplaces with the highest exposure; the Department of Defense reissued its conditions-based travel restrictions on March 15.57 On February 24 the President ordered a review of the supply chains for critical minerals and energy, and on February 1 the scarce-materials designation was extended.58

The second quarter of 2021

On April 20 the Administrator ratified the Security Directives; on April 30 the President suspended the entry of persons who had been in India, effective May 4; on May 12 Security Directive 1582/84-21-01A cancelled and replaced its predecessor with an expiration date of September 13, 2021.59 The land-border limits were renewed on April 22, May 24 and June 23.60 The respirator allocation rule ran to June 30 with additional exemptions noticed June 11.61 On June 21 the Occupational Safety and Health Administration's Emergency Temporary Standard for health-care settings took effect, followed by its inspection directive of June 28; the standard bound the occupational-health clinics that supply the industry's physicals, fit tests and drug screens.62 On June 10 the Office of Management and Budget replaced its occupancy limit with reentry planning; the mask and distancing requirements for federal workplaces remained.63 On June 8 the Administration published its 100-day supply-chain review and announced a Supply Chain Disruptions Task Force, records of the federal government's own account of the state of the industry's inputs at mid-2021.64

The third quarter of 2021

Every federal instrument that follows was in force on some or all of the ninety-two days from July 1 to September 30, 2021, and the first six were in force on every one of them. The Centers for Disease Control and Prevention's conveyance and transportation-hub mask order, the airborne-transmission control on every flight, bus, train and hub, was in force every day.65 Security Directive 1582/84-21-01A was in force through September 13 and Security Directive 1582/84-21-01B, effective September 14, was in force through the end of the quarter and to January 18, 2022.66 The land-border limits were in force every day: the notices of June 23, July 22, August 23 and September 22, 2021 for Canada, and the notices of the same dates for Mexico, each limiting land crossings to essential travel to November 8, 2021.67 The entry suspensions for the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, China, Iran and India were in force every day and were revoked on November 8, 2021.68 The Title 42 order was in force every day, in its October 13, 2020 form to August 2 and in its August 2, 2021 form thereafter.69 The pre-departure testing order was in force every day.70 Executive Orders 13991 and 13999 remained in force; on July 29, 2021 the Safer Federal Workforce Task Force reinstated masks for every person in federal buildings in areas of substantial or high transmission and in August required a certification of vaccination from employees, onsite contractors and visitors; every operator's landman, permit agent and regulatory analyst who entered a Bureau of Land Management, Bureau of Safety and Environmental Enforcement or Mine Safety and Health Administration office entered under those rules.71 The Occupational Safety and Health Administration's Revised National Emphasis Program and Updated Interim Enforcement Response Plan took effect July 7, 2021, and its health-care standard remained in force.72 The public health emergency was renewed July 20; the President directed 100 percent federal cost share for emergency protective measures on August 17; the scarce-materials designation was extended July 7 to November 15, 2021.73 On September 9, 2021 the President ordered every federal agency to include in its contracts a clause requiring contractors and subcontractors to comply with the Safer Federal Workforce Task Force's guidance, and ordered the vaccination of federal employees; the Task Force issued its contractor guidance and the Director of the Office of Management and Budget made the determination required by the order on September 24.74 Every mining, pipeline and energy-services employer that held or bid a federal contract, from the coal supplier of a federal facility to the environmental-services contractor of a national laboratory, was addressed by the order of September 9, 2021, whose clause every covered contract carried from October 15, 2021. FERC's waiver regime remained in force: on September 14, 2021 it noticed the request of the Edison Electric Institute and the American Gas Association to extend the COVID-19 waiver of the allowance-for-funds-used-during-construction rules to March 31, 2022, and its April 2020 policy statement and delegation order had not been withdrawn.75 The Coast Guard's bulletins of June 11 and September 2, 2021 implemented the conveyance mask order in the maritime transportation system, and its crew-change and credential bulletins ran through the quarter; they are cited as the record of the regime the CDC order created at every offshore supply base.76 The Department of Defense's conditions-based travel restrictions of March 15, 2021 remained in force, and the Department was still publishing its installation status updates under them on September 27, 2021.77

The end of the layer

That is the federal layer. It began before the first day of the claim period and ended after the last. The Service's form sentence on the suspension prong accounts for none of it.

The fifty States

The pattern

Every State and the District of Columbia declared an emergency; forty-two States and the District closed non-essential businesses or confined the public to their homes between March 19 and April 3, 2020; every one of them treated oil and gas extraction and energy as essential or critical infrastructure and attached conditions to the designation, and one of them, Pennsylvania, closed its coal, metal and nonmetal mines and its mining-services contractors by name (Ex. PA-004); twenty quarantined arriving travelers in the spring of 2020 and more did so in the winter;78 thirty-nine imposed statewide face-covering requirements, the most visible of the workplace infection-prevention and exposure-control requirements they imposed on every indoor public setting, the industry's offices, shops and lodging among them; five adopted binding occupational-safety rules on every employer, four of which were in force on every day of the third quarter of 2021; and the sector regulators of the largest producing States acted in their own names. The fifty-one rows are in the State table this page renders and on each State page. This section sets out the States by basin, because that is how the industry is organized and how the orders reached it.

Texas and the Gulf Coast

Texas issued Executive Order GA-08 on March 19, 2020, closing dine-in service, gyms and bars and capping gatherings at ten; on March 26 it ordered every air passenger arriving from the New York area and New Orleans into fourteen-day quarantine; on March 29 it ordered that "Every person who enters the State of Texas through roadways from Louisiana ... shall be subject to mandatory self-quarantine for a period of 14 days," with an exemption for travel "in connection with commercial activity ... or critical-infrastructure functions, as may be determined by the Texas Division of Emergency Management"; and on March 31 it adopted GA-14, effective April 2, defining essential services by the federal critical-infrastructure list, version 2.0, and ordering every person in Texas to "minimize in-person contact with people who are not in the same household."79 GA-14 barred local orders that restricted essential services, so no county could close a Texas well, and it ran to April 30.80 GA-29 required face coverings statewide from July 3, 2020, one of the workplace infection-prevention and exposure-control requirements that GA-28, GA-30 and GA-32 completed with occupancy limits, distancing conditions and the hospitalization trigger through the winter; GA-34 ended the statewide limits on March 10, 2021; GA-38 of July 29, 2021 and GA-39 of August 25, 2021 continued the disaster regime and its preemption of local orders, and the Governor renewed the disaster declaration on August 29, 2021.81 The Supreme Court of Texas's emergency orders governed every court in the State through the quarter: the Thirty-Eighth to August 1, the Fortieth from August 1 to October 1, 2021.82 Louisiana closed non-essential businesses on March 23, 2020 by Proclamation 33 JBE 2020, incorporating the federal list, and moved through Phases 1, 2 and 3 from May 15, 2020 with distancing and face-covering conditions on every business "in full operation"; its first statewide face-covering order, Proclamation 89 JBE 2020, which closed every bar and capped crowds at fifty in the same instrument, ran from July 13, 2020 to April 28, 2021, when Proclamation 79 JBE 2021 lifted it (Ex. LA-014; Ex. LA-030); its emergency was renewed June 22, 2021; and on August 2, 2021 Proclamation 137 JBE 2021 re-imposed indoor face coverings on every person, in every business, from August 4, an airborne-transmission control the same proclamation extended to public conveyances, renewed September 1 and September 29, 2021 to October 27.83 Louisiana's crews were the crews Texas, Florida, Oklahoma and Arkansas quarantined by name.84 Mississippi's Executive Order 1463 of March 24, 2020 suspended local limits on essential businesses and its Executive Order 1466 ordered shelter in place statewide from April 3 to April 27, 2020.85 Alabama's State Health Officer ordered the State to stay at home from April 4 to April 30, 2020, naming "petroleum producers ... petroleum exploration and production ... mining" essential and conditioned, and the Governor declared a new emergency on August 13, 2021.86 Florida's Executive Order 20-91 adopted the federal list statewide from April 3, 2020; its Executive Orders 20-80, 20-82 and 20-86 isolated arriving travelers and stopped Louisiana traffic at checkpoints on Interstate 10 from March 24, 2020; and in 2021 the Legislature and the Governor barred local emergency orders from July 1.87

New Mexico, Arizona and the Navajo Nation

New Mexico's orders of March 16 and 19, 2020 closed gatherings and dine-in service; its order of March 23, 2020 named "oil drilling, oil refining, natural resources extraction or mining operations" essential and, in the same instrument, capped every hotel, motel and RV park at fifty percent; its order of April 6 reduced the cap to twenty-five percent.88 The Governor's Executive Order 2020-054 of July 1, 2020 required every person arriving in New Mexico to self-isolate for fourteen days, amended September 3 (effective September 4) and October 29, 2020, and the requirement ran to February 10, 2021.89 Its orders of July 13, September 18 and October 16, 2020 re-closed indoor dining, capped gatherings at five and set lodging at sixty and twenty-five percent; its "reset" of November 16 to December 2, 2020 closed non-essential businesses a second time with lodging at twenty-five percent; its county framework of December 2, 2020 set lodging by county color (forty and twenty-five percent at Red, sixty and twenty-five at Yellow and seventy-five and forty at Green, for NM Safe Certified and other lodging), added on February 24, 2021 a Turquoise level at which certified lodging ran uncapped and other lodging at fifty percent, and ran, through the orders of December 30, 2020, April 28 and June 2, 2021, to June 30, 2021, when every county stood at Turquoise.90 On June 30, 2021 the Secretary of Health issued the order that governed July 1: face coverings for the unvaccinated, rapid-response case reporting and mandatory COVID-Safe Practices for "[a]ll businesses, establishments, and non-profit entities" under a penalty of $5,000 per violation; it was extended July 30; on August 17, 2021 the universal indoor face-covering requirement was reinstated for all persons from August 20, atop the COVID-Safe Practices that continued to bind every business; and on September 15, 2021 it was extended to October 15 with the emergency renewed the same day.91 New Mexico's Occupational Health and Safety Bureau required every employer to report a positive COVID-19 case within four hours from August 5, 2020, and the Supreme Court of New Mexico's protocols governed every courthouse through the quarter.92 The State Land Office's emergency shut-in rule is described in the sector-regulator section below. Arizona declared its emergency March 11, 2020; its Executive Order 2020-12 of March 23 barred every county and city from closing an essential service, and ran to September 29, 2021; its stay-home order ran March 31 to May 15, 2020; and its Executive Order 2020-24 quarantined air arrivals from New York, New Jersey and Connecticut from April 9 to May 16, 2020.93 The Navajo Nation, on whose lands the Navajo Mine, the Kayenta lease and the Aneth field sit, ordered its residents to stay at home on March 20, 2020, imposed a nightly curfew on March 30 that ran to August 4, 2021, locked the Nation down for fifty-seven hours each weekend in April, for ten days in June and each weekend in September 2020, re-issued the stay-home order November 16, 2020, continued it into March 2021, re-issued it again April 9, 2021 and replaced it June 18, 2021 with a Safer-at-Home order that continued the daily curfew to August 4, 2021, and in the third quarter of 2021 continued "Yellow Status" for businesses from July 8, re-emphasized Safer-at-Home requirements August 4, clarified its face-covering mandate for businesses and schools August 6 and declared "Orange Status" for businesses and schools with revised gathering limits from August 12, 2021.94 The Mescalero Apache Tribe required face coverings of every employee and customer of every entity doing business on the reservation from May 12, 2020, one of the exposure-control conditions it placed on every such entity, confined weekday movement to necessary travel and closed tribal roads to outside visitors in October 2020, and re-imposed face coverings on every tribal employee, agent and contractor on August 20, 2021, with its other COVID-19 provisions continued.95

Oklahoma, Kansas and Arkansas

Oklahoma's Fourth Amended Executive Order 2020-07 of March 24, 2020 ordered vulnerable persons home and closed non-essential businesses in the counties with community spread; its Sixth Amended order of March 29 quarantined every air traveler arriving from New York, New Jersey, Connecticut, Washington, California and Louisiana for fourteen days; its Seventh Amended order of April 1 closed to the public every business outside the critical-infrastructure sectors statewide to April 24, 2020, and the Essential Industries List that accompanied it kept "21 Mining, Oil and Gas Extraction" and "486 Pipeline Transportation" open.96 Its winter orders of October 23 and November 16, 2020 imposed a moratorium on State-paid travel, face coverings on State property and an 11 p.m. closing; the emergency orders were rescinded May 4, 2021; and in the third quarter of 2021 the Corporation Commission's remote-hearing regime, the Cherokee Nation's employee vaccination order and the State's Executive Order 2021-16 and Senate Bill 658 were in force.97 Kansas's Executive Order 20-16 ordered the State to stay home from March 30 to May 3, 2020 under the Kansas Essential Function Framework, which listed "Exploration and Extraction of Fuels" and "Transport Materials by Pipeline," and its Department of Health and Environment maintained a mandatory travel-quarantine list from March 23, 2020, updated June 29 and December 1, 2020 and June 3 and September 23, 2021, with an exemption for critical-infrastructure workers that covered work and nothing else.98 Arkansas issued no stay-home order; it quarantined arriving travelers from March 30 to June 15, 2020, confined every business to the Department of Health's distancing and operating protocols from April 6, 2020 to February 26, 2021, limited lodging to authorized guests from April 6 to June 15, 2020, and declared a new emergency from July 29 to September 27, 2021; its Public Service Commission ordered every jurisdictional electric, gas and water utility to suspend disconnections on April 10, 2020.99

Appalachia

Pennsylvania's orders of March 19, 2020 closed every business that was not life-sustaining, and the list that accompanied them marked Oil and Gas Extraction "Yes" and Coal Mining, Metal Ore Mining, Nonmetallic Mineral Mining and Quarrying, Support Activities for Mining and Utility Subsystem Construction "No."100 The Secretary of Health's Worker Safety Order of April 15, 2020, effective April 19, bound every business that remained open to cleaning, distancing, staggering and screening rules; the targeted mitigation orders of July 15, 2020, effective July 16, required that "Unless not possible, all businesses are required to conduct their operations in whole or in part remotely through individual teleworking"; the orders of November 23, 2020, effective November 27, tightened the words to "Unless impossible, all businesses must conduct their operations remotely," a mandate the Acting Secretary's amendment of April 1, 2021 ended effective April 4, while the mitigation orders' remaining capacity, gathering, alcohol and workplace rules ran to 12:01 a.m. May 31, 2021; the universal face-covering order of November 17, 2020, which with the Worker Safety Order's cleaning, distancing, staggering and screening rules formed the Commonwealth's workplace infection-prevention and exposure-control regime, ran to June 28, 2021; and the travel order of November 17, 2020 required every person entering the Commonwealth from November 20 to produce a negative test or quarantine, until its termination on March 1, 2021.101 Act 21 of 2021 extended the Commonwealth's regulatory suspensions to September 30, 2021, Act 73 extended them to March 31, 2022, the Acting Secretary ordered face coverings in every school from September 7, 2021 and the Department issued its health-care work-restriction advisory September 16, 2021.102 West Virginia's Executive Order 9-20 ordered the State to stay at home from March 24, 2020 and named, as item g of its essential businesses, "Coal mining and coal-fired electric generation facilities, as well as all ancillary and support functions ranging from transportation, maintenance, equipment, and supply vendors"; Executive Order 14-20 isolated for fourteen days every person arriving from an area of substantial spread under State Police monitoring from March 31, 2020; Executive Order 15-20 closed private campgrounds to new arrivals from outside the State; the framework was terminated April 20, 2021 by Executive Order 12-21, which kept its health-care orders in force; and the emergency declaration of March 16, 2020 ran past the claim period.103 Ohio's Stay At Home Order of March 22, 2020 named "petroleum and fuel, mining" essential and asked every arriving traveler to self-quarantine; its face-covering order, the airborne-transmission control it placed on every indoor business, ran from July 23, 2020 to June 2, 2021.104 Kentucky's Executive Order 2020-257 closed every non-life-sustaining business from March 26, 2020 under the federal list; Executive Orders 2020-258 and 2020-266 restricted travel into and out of the Commonwealth and required quarantine until their rescission May 6 and expiry May 22, 2020; Healthy at Work bound every reopened business from May 11, 2020 to June 11, 2021; the Public Service Commission suspended disconnections from March 16 to October 20, 2020; and the Court of Justice's administrative order of August 9, 2021 governed every courthouse through the quarter.105 Virginia's Executive Orders 53 and 55 closed and confined from March 24 and March 30, 2020 to June 10, 2020; its Department of Labor and Industry adopted the nation's first COVID-19 Emergency Temporary Standard on every employer from July 27, 2020, made it permanent from January 27, 2021 and amended it effective September 8, 2021; the Supreme Court of Virginia's judicial emergency ran through the quarter.106 Tennessee's Executive Order 22 confined the State from March 31 to April 30, 2020 and named "petroleum and fuel, mining" essential; its limited emergency ran through 2021 and its school face-covering order issued August 16, 2021.107

The Rockies and the Bakken

North Dakota issued no stay-home order and needed none to reach this industry: its State Health Officer's Confinement Order 2020-02 of March 28, 2020 quarantined every person returning from international travel, and Confinement Order 2020-02.1 of April 8, 2020 ordered that "any person who enters North Dakota traveling from another state or country" quarantine for fourteen days, exempting commuters and essential critical infrastructure workers "while asymptomatic"; the order ran in successive forms to its revocation on September 21, 2020.108 Its face-covering order, with the business duties it imposed, ran from November 14, 2020 to January 18, 2021, and the capacity limits that accompanied it, the State's other workplace infection-prevention and exposure-control requirement, ran to the same day; the emergency was rescinded April 30, 2021; and the 2021 Legislature enacted the statutes that governed the third quarter.109 The Industrial Commission's instruments are described below. Montana's Stay at Home Directive of March 28, 2020 named "petroleum and fuel, forest products, mining" essential; its Directive of March 30 quarantined every person arriving "for a non-work-related purpose" for fourteen days and required every hotel and short-term rental to post the notice; its Directive of the same day limited foreclosures, evictions and disconnections; and in 2021 the Legislature's House Bill 702 and the Department's emergency rule of August 31 governed.110 Wyoming closed bars, restaurants, gyms and schools on March 19, 2020 and capped gatherings at ten on March 20, with "hotels for lodging" and "worker transport" exempt, and continued those orders in amended form without interruption to May 31, 2021; its Governor's Directive of April 3, 2020 quarantined every non-work arrival and required hotels to post the notice, to May 8, 2020; its face-covering order, which joined the distancing conditions and gathering caps of Orders #1 and #2, ran from December 9, 2020 to March 15, 2021; its emergency ran to March 15, 2022.111 Colorado's Public Health Order 20-24 of March 22, 2020 ordered every non-essential employer to cut its in-person workforce by fifty percent; the Second Updated order of March 26 ordered the State to stay at home and listed "Oil and gas extraction, production, refining, storage, transport and distribution" as Critical Infrastructure subject to the Social Distancing Requirements, prohibiting all travel "except Necessary Travel"; the Third and Fourth Updated orders carried the regime to April 26, 2020.112 Safer at Home followed from April 27; the face-covering order, one of the workplace infection-prevention and exposure-control requirements that Safer at Home's distancing and capacity rules completed, from July 17, 2020 to June 1, 2021; Level Red from November 20, 2020; the dial to April 16, 2021; and Public Health Order 20-38 in its successive amendments from April 16 through the Fourth Amended order of July 1, the Fifth of August 1 and the Sixth of September 1, 2021, with the Disaster Recovery Orders of July 8 and September 4, 2021 continuing the emergency.113 Routt County closed its lodging to visitors on March 24, 2020 and Pitkin County issued its standing order March 18; the Legislature's House Bill 20-1414 prohibited price gouging for the duration of the emergency.114 Utah's Stay Safe, Stay Home directive bound every organization from March 30, 2020; its Executive Orders 2020-15 and 2020-16 required a travel declaration of every person entering the State from April 10 to May 1, 2020; its public health order of April 14, 2020 governed self-isolation and quarantine; the Southeast Utah Health Department's Grand County order of May 1, 2020 conditioned lodging and required face coverings; the State declared a new public health emergency October 14, 2020 and imposed face coverings statewide, with gathering limits, on November 9, 2020; and its courts reinstated face coverings July 30, 2021.115 Idaho's Order to Self-Isolate confined the State from March 25 to April 30, 2020 and, as amended April 15, required arriving persons to quarantine, a requirement carried by the Stay Healthy Order that followed May 1 to May 15, 2020; the emergency was continued June 18 and July 19, 2021 and the Guard was activated August 31, 2021.116 South Dakota's Executive Orders 2020-08 and 2020-12 directed employers and retail businesses from March 23 to April 28, 2020, its Executive Order 2020-13 confined vulnerable persons in Minnehaha and Lincoln Counties with critical-infrastructure work excepted, and its courts operated under a judicial emergency from March 13, 2020 through the period.117 Nebraska's Directed Health Measures ran from March 25, 2020 through May 2021, quarantined international arrivals and regulated congregate-housing employers, and the Governor's hospital-capacity order issued August 26, 2021.118

The Pacific and Alaska

Alaska's Health Mandate 010 of March 23, 2020 quarantined every person arriving in the State for fourteen days from March 25; Health Mandate 012 prohibited travel between communities except for critical infrastructure from March 28; and the Essential Services and Critical Workforce Infrastructure Order, first issued March 27, listed "oil production, mining," ordered that "workers arriving in Alaska from out of state must self-quarantine for 14 days" and required every critical-infrastructure business to file a protective plan.119 The travel order was revised June 5, 2020 (effective June 6; testing alternative), August 6 (effective August 11; pre-test for non-residents), October 15 (effective October 16) and November 16, 2020, and lapsed February 14, 2021; Anchorage's Emergency Orders governed hotels and arrivals in the city; the Commissioner of Health declared a new public health emergency effective May 1, 2021, added crisis standards of care September 21, 2021, and the Supreme Court's Special Order of August 31, 2021 governed the courts.120 California's Executive Order N-33-20 confined the State from March 19, 2020 to June 15, 2021 under the Essential Critical Infrastructure Workers list, which named the energy sector; the Regional Stay at Home Order of December 3, 2020 closed hotels to out-of-State non-essential reservations in every region below fifteen percent ICU capacity; Cal/OSHA's COVID-19 Prevention Emergency Temporary Standard bound every employer from November 30, 2020, conformed by Executive Order N-84-20, supplemented by the exposure-notice statute from January 1, 2021, and readopted June 17, 2021; and the Beyond the Blueprint order governed from June 15, 2021 through the quarter.121 Nevada's Directive 003 of March 20, 2020 closed non-essential businesses and provided that "the construction, mining, manufacturing, and infrastructure sector labor force may continue operations, but shall maintain strict social distancing practices" and adopt policies ensuring "minimum contact between the workforce and the general public"; the State stayed home from April 1 to May 9, 2020; and on July 27, 2021 Directive 047 required face coverings of every person, vaccinated or not, in public indoor spaces in every county of substantial or high transmission from July 30, including the mining counties, an airborne-transmission control that Directive 048 carried into every office and breakroom by defining "indoor public setting" to include them, with Nevada OSHA supplying the enforcement guidance.122 Washington's Proclamation 20-25 confined the State from March 23, 2020 with the Energy Sector on its critical-workers list; Proclamation 20-23 suspended utility disconnections from March 18, 2020 to September 30, 2021; Proclamations 20-83 and 20-83.2 restricted arriving travelers; the occupational-health and airborne-transmission controls of the State's workplace regime ran through the quarter: the Secretary of Health's Order 20-03.3 required face coverings of every unvaccinated person and in listed settings from June 30, 2021 and Order 20-03.4 of every person indoors from August 23, 2021, Proclamation 20-25.15 of August 20, 2021 prohibited every business from admitting unmasked persons and placed the duty on the employer, Proclamation 21-14 of August 9, 2021 required vaccination of State workers and State contractors by October 18, 2021, amended August 20 and September 27; and the Department of Labor and Industries' emergency rule WAC 296-800-14035 made every proclamation a workplace-safety violation, re-adopted May 26, 2020, July 6, August 23 and September 20, 2021.123 The Yakama Nation required face coverings in every indoor public setting from June 26, 2020 and directed every business not to serve unmasked customers on site, under civil fines.124 Oregon's Executive Order 20-12 confined the State from March 23, 2020; Oregon OSHA's temporary rule bound every employer from November 16, 2020, its permanent rule from May 4, 2021, amended June 30 and September 16, 2021; Executive Order 21-15 rescinded the remaining orders June 30, 2021 while extending the emergency to December 31; and the Oregon Health Authority required face coverings indoors of every person from August 13, 2021 and outdoors in crowded settings from August 27, an airborne-transmission control layered on Oregon OSHA's rule and enforced by Oregon OSHA from September 16.125 Hawaii quarantined every arriving traveler from March 26, 2020 to March 25, 2022, confined the State from March 25, 2020 naming "petroleum and fuel, mining" essential, and in the third quarter of 2021 ran the Safe Travels regime and statewide face coverings, the airborne-transmission control layered on the Safe Travels quarantine, under the proclamations of June 7 and August 5 and the gathering limits of August 10, 2021.126

The Midwest

Minnesota's Executive Orders 20-20, 20-33 and 20-48 confined the State from March 27 to May 17, 2020 and named "iron ore mining and processing operations and supplier/vendor industries" a Critical Sector, required a preparedness plan of every business from April 30, 2020, and continued a telework mandate to April 14, 2021; the emergency ended July 1, 2021.127 Michigan's Executive Order 2020-21 confined the State from March 24, 2020 under the critical-infrastructure list and reopened manufacturing May 11; its Occupational Safety and Health Administration's emergency rules bound every employer from October 14, 2020 to June 22, 2021; its Employment Rights Act barred discipline of quarantined employees from October 22, 2020; and Executive Order 2020-28 governed water utilities.128 Illinois's Executive Order 2020-10 confined the State from March 21, 2020 and named "petroleum and fuel, mining" essential; its April 1 order continued and extended its predecessors; Tier 3 mitigations returned in November 2020; its disaster proclamation was in force July 1, 2021 and renewed through the quarter; and Executive Order 2021-20 of August 26, 2021 re-imposed indoor face coverings on every person from August 30, an airborne-transmission control to which Executive Order 2021-22 added, on September 3, an employer duty to enforce it in every indoor workplace.129 Indiana's Executive Order 20-08 confined the State from March 25, 2020, extended by Executive Order 20-18 with its essential list to April 20 and by Executive Order 20-22 to May 1, while Executive Order 20-05 suspended disconnections; its emergency continued through Executive Order 21-17 and its monthly renewals, with Executive Order 21-27 of September 30, 2021 taking effect October 1; and its Department of Health's control measures were given executive-order status August 1, 2021.130 Wisconsin's Emergency Orders 12 and 28 confined the State from March 25, 2020, naming "petroleum and fuel, mining" essential, until the Supreme Court set Order 28 aside on May 13, 2020; its courts' masking and distancing order of May 21, 2021 ran through the quarter.131 Iowa's proclamations of July 23 and September 17, 2021 continued the disaster emergency; Missouri's Stay Home order confined the State from April 6 to May 3, 2020, and its general emergency ran to August 27, 2021, when Executive Order 21-09 replaced it with a state of emergency for health-care staffing and COVID-19 recovery through December 31, 2021, continuing the waivers (Ex. MO-018; Ex. MO-020).132

The Northeast, the mid-Atlantic and the Southeast

New York's PAUSE orders closed non-essential businesses from March 22, 2020, and Empire State Development's guidance named utilities, fuel supply and transmission essential while limiting construction to essential projects; Executive Order 205 quarantined arriving travelers from June 25, 2020 through the spring of 2021; the Legislature's utility moratorium ran to December 21, 2021; and the Department of Health's face-covering and vaccination rules issued through 2021.133 New Jersey's Executive Order 122 ceased non-essential construction from April 10 to May 18, 2020 while naming utilities essential; Executive Order 192 imposed workplace protocols on every employer from November 5, 2020 to June 4, 2021, its unvaccinated-employee rules carried forward by Executive Orders 242 and 243; its utility moratorium ran from October 15, 2020 to June 30, 2021 with a grace period to December 31, 2021; and Executive Order 252 imposed vaccination or testing on covered workers from September 7, 2021.134 Connecticut's Executive Order 7H closed non-essential businesses from March 23, 2020; Executive Order 7T barred hotels from taking non-essential guests from April 2 to June 17, 2020; Executive Orders 7III and 9B quarantined arriving travelers from July 24, 2020 to March 19, 2021; the Public Utilities Regulatory Authority suspended shut-offs from March 12, 2020; and the emergencies were renewed July 21, 2021 with Executive Order 13A and the universal-masking rule, the airborne-transmission control the Department of Public Health placed on every school, child-care, health-care, congregate and transit setting, in force through the quarter.135 Massachusetts's Order No. 13 closed non-essential businesses from March 24, 2020; Order No. 45 quarantined arriving travelers from August 1, 2020 to March 22, 2021; the modified public health emergency and its face-covering orders, airborne-transmission controls on every health-care, congregate-care and correctional setting, ran from May 28, 2021 through the quarter.136 Rhode Island confined the State from March 28, 2020, quarantined every non-work arrival from March 28 to September 2, 2020 (Ex. RI-009; Ex. RI-010) and arrivals from hot-spot States and abroad from September 3, 2020 to July 6, 2021 (Ex. RI-024; Ex. RI-036; Ex. RI-040; Ex. RI-043), in Executive Orders 20-13, 20-14, 20-71, 21-26, 21-57 and 21-68; its regulation on covered entities was amended twenty times; its emergency was extended July 14 and August 12, 2021; and its Quarantine and Isolation Orders of September 1, 2 and 30, 2021 bound every person exposed.137 Vermont's Addendum 6 suspended in-person business operations from March 25, 2020; Addendum 7 quarantined arriving travelers and suspended lodging from March 30, 2020; the restart addenda required documented training of every employee; the Safe Travel policy was paused into a universal quarantine November 10, 2020; and Executive Order 06-21 governed post-emergency recovery from June 15, 2021.138 New Hampshire's Emergency Order 17 confined the State from March 27, 2020 with an Exhibit A that named "Petroleum drilling, extraction, production ... Natural gas transmission and distribution pipelines" essential; Emergency Order 27 confined hotels to essential workers from April 6, 2020; the Universal Guidelines bound every employer from June 16, 2020 to May 7, 2021; and the travel-quarantine orders ran to May 7, 2021.139 Maine's Executive Orders 19 and 28 confined the State from March 25, 2020; Executive Order 34 quarantined arriving travelers and closed lodging from April 3 and 5, 2020; Keep Maine Healthy governed travelers from June 9, 2020 to May 1, 2021; and Executive Order 40 of June 30, 2021 scheduled the remaining expirations to September 30 and December 31, 2021.140 Delaware's Fourth and Fifth Modifications confined the State from March 24, 2020; its Seventh quarantined arriving travelers from March 30 and its Tenth closed lodging to leisure guests from April 7, 2020, both to June 1; its emergency ran to July 13, 2021, and its emergency orders on child care and personal-assistance agencies issued August 13 and September 10, 2021.141 Maryland's Orders 20-03-23-01 and 20-03-30-01 closed and confined from March 23 and 30, 2020, with the Office of Legal Counsel's guidance on the energy sector; its Order 20-12-17-01 required testing or quarantine of arriving travelers from December 17, 2020; its emergency orders were terminated in stages from June 15, 2021; and its Department of Health's directives ran through the quarter.142 The District of Columbia closed non-essential businesses March 25 and confined its residents April 1, 2020; quarantined non-essential travelers from July 27, 2020; ended its public health emergency July 25, 2021 while extending its public emergency to October 8; and resumed indoor face coverings for every person July 31, 2021, an airborne-transmission control on every indoor workplace in the District.143 North Carolina's Executive Order 121 confined the State from March 30 to May 8, 2020 under the federal list; Executive Orders 124 and 142 prohibited utility shut-offs to July 29, 2020; its face-covering order, one of the airborne-transmission controls the State placed on its retail, restaurant, personal-care and other workplaces where distancing was not possible, with the duty on the business (Ex. NC-013), ran from June 26, 2020 to May 14, 2021 with Executive Orders 220 and 224 in 2021; and Executive Order 230 of August 31, 2021 extended the hours-of-service relief for fuel delivery.144 South Carolina's Executive Order 2020-14 quarantined arriving travelers from March 27, 2020; Executive Order 2020-19 barred lodging to arrivals from the affected areas from April 3; Executive Order 2020-21 ordered every person to stay home or at work from April 7 to May 4, 2020 and named "fuels and petroleum products" Critical Infrastructure Operations; and its trial courts operated under the Chief Justice's orders through August 2021.145 Georgia's Executive Order 04.02.20.01 confined the State from April 3 to April 30, 2020 under the federal list; its Executive Order 04.08.20.04 suspended short-term rentals from April 9 to April 30, 2020; and its Economic Recovery emergency was declared June 30, 2021 and renewed July 22, August 19 and September 20, 2021, with the Guard activated and hours-of-service rules suspended August 30, 2021.146

The sum

The sum is fifty-one jurisdictions: in every one that closed or confined, the industry was designated essential and conditioned, and in Pennsylvania a class of its mines and contractors was closed by name (Ex. PA-004); in the States that issued no general closure, quarantines, gathering caps and sector orders reached the industry's crews and sites (Ex. ND-021; Ex. WY-005; Ex. AR-041); and in the largest producing States a regulator of the industry itself acted in the same weeks. The next section turns to the cities and to those regulators.

The largest metros

The industry's field operations sit in basins, but its offices, its engineering staffs, its yards, its supply bases, its regulators and its courts sit in cities, and the cities issued their own orders on top of the States'. The metro pages hold the metropolitan instruments; this section takes the thirteen that matter most to this industry.

Houston

Harris County declared a local disaster March 11, 2020 and ordered its residents to Stay Home, Work Safe from 11:59 p.m. on March 24, extended April 3 to April 30; the order reached the largest concentration of operator, service-company and offshore-drilling headquarters in the country, in its energy capital.147 From June 22, 2020 the County Judge's order required every commercial entity to adopt a Health and Safety Policy and require face coverings, continued July 1 and August 26, 2020 to run with the Governor's disaster declaration; the City's Fourth Amended Order of June 29, 2020 capped gatherings coterminously with GA-28 (Ex. TX-021).148 In the third quarter of 2021 the County required screening and face coverings in every county building, its Local Health Authority ordered face coverings in the public schools August 12, and the Local Administrative Judge imposed health-and-safety protocols on every Harris County courtroom from August 12 and re-adopted the courts' operating plan September 30, 2021.149 The Port of Corpus Christi, the nation's largest crude-export port, announced that it would remain open under the Nueces County stay-at-home order of March 26, 2020, and Port Freeport operated under Brazoria County's; both are records of the county orders that governed the docks.150

Dallas-Fort Worth

Dallas County ordered Stay Home Stay Safe from March 23, 2020, required face coverings from April 17, imposed a Health and Safety Policy on every business from June 19 and continued it "concurrently with the Governor" from August 4, 2020; Tarrant County confined its residents from March 24, 2020; the Department of State Health Services placed Trauma Service Area E under the GA-32 capacity trigger December 3, 2020; and on August 11, 2021 the County Judge ordered face coverings in public spaces, an airborne-transmission control carried by a mandatory Health and Safety Policy on every commercial entity serving the public in the county, modified August 16 to comply with the courts, an order the Fifth Court of Appeals declined to stay on September 27, 2021.151 Trinity Metro enforced the federal conveyance mask order from February 1, 2021.152

San Antonio and the Eagle Ford

Bexar County and the City of San Antonio ordered Stay Home Work Safe from March 24, 2020; Executive Order NW-10 required a mandatory Health and Safety Policy of every commercial entity from June 17, 2020; NW-12 and NW-13 carried face coverings and gathering limits through the summer; NW-17 and NW-19 imposed curfews and the fifty-percent occupancy rule through the winter; NW-20 continued the posting requirement after GA-34; and in August 2021 NW-21, the Fourteenth Addendum to the City's Eighth Declaration, the Health Authority's school directive and the Local Administrative Judge's suspension of in-person jury service governed.153 CPS Energy announced on March 11, 2020 that it had suspended disconnections.154

Austin

Travis County and the City ordered Stay Home - Work Safe from March 24, 2020 and extended it to May 8; the Stay Home, Mask, and Otherwise Be Safe orders ran from July 3, 2020 through April 21, 2021; the Commissioners Court adopted the Health Authority's rules March 9, 2021; and in August 2021 the County Judge required face coverings of employees, visitors and customers, an exposure-control condition on entry to every designated County facility, its clerks, tax office, courts and permitting counters among them, the City required them in its facilities, and the courts held every hearing remotely under the Fourth Amended Emergency Order.155 The Railroad Commission of Texas sits in Austin; its staff worked remotely under these orders from March 19, 2020.156 Austin Energy announced the suspension of disconnections on March 13, 2020 and resumed them in stages from October 2021.157

Denver and the Front Range

Denver ordered its residents to stay at home from 5:00 p.m. on March 24, 2020, adopted the State order March 26 and extended it to May 8, 2020, two weeks past the State; its Home by 10 order confined residents nightly from November 8, 2020; it adopted Level Red November 20, 2020; and in 2021 it adopted Public Health Order 20-38 and each of its amendments, on April 16, July 1, August 2 and September 3, 2021, while ordering the vaccination of personnel of covered entities from August 2 and face coverings in schools from August 17.158 Boulder, Tri-County and Jefferson County adopted the dial as local frameworks from April 16, 2021 and imposed school and universal indoor face-covering orders in August and September 2021, airborne-transmission controls that bound every indoor public space in Boulder County and every school and child-care setting in Jefferson County and the Tri-County jurisdictions; the First and Seventeenth Judicial Districts ordered facial coverings and limited operations through the quarter.159 Denver is the headquarters city of the Denver-Julesburg Basin's operators and of the Rockies' service and midstream companies.

Pittsburgh and the Marcellus

The City declared a disaster emergency March 13, 2020 and closed its facilities March 16; the Allegheny County Health Department's control-measure orders of July 2, 8 and 17, 2020 closed on-premises alcohol service, then indoor dining, and capped gatherings at twenty-five, running to September 24, 2020; the Fifth Judicial District operated under emergency plans from March 24, 2020, resumed normal operations July 1, 2021, re-imposed face coverings in every court facility August 10, 2021 and obtained an extension of the judicial emergency to October 1, 2021; the City enacted temporary paid sick leave December 8, 2020 and again July 27, 2021; and the County directed masking and testing of unvaccinated employees August 5, 2021.160 Pittsburgh is the office city of the Marcellus and Utica operators and of the Appalachian coal companies whose mines Pennsylvania's list closed.

New Orleans and the Gulf

The City declared a state of emergency March 11, 2020 that ran past the claim period; its proclamations of March 16, April 15 and May 15, 2020 promulgated emergency orders under which its Health Department's Stay at Home Directives governed to May 16; its Modified Phase Two guidelines governed the winter; its guidelines of May 28, 2021 gave way to an indoor face-covering mandate with workplace requirements July 31, 2021 and a vaccination-or-test requirement for indoor patrons from August 16, 2021, with vaccination or testing of City employees and public-facing contractors ordered August 19 and effective August 30.161 Jefferson Parish, home of the helicopter bases and supply yards that serve the Gulf of Mexico, required face coverings indoors in every commercial building from July 1, 2020 to April 28, 2021 and again from August 4, 2021 through the quarter, an exposure-control duty enforced against the business that admitted an unmasked person, and East Baton Rouge's Mayor-President imposed a "No Mask - No Service" rule on every commercial and nonprofit entity serving the public in the City-Parish from July 3, 2020, an exposure-control duty placed on the business and not on the customer alone.162

Las Vegas, Reno and the mining counties

Clark County declared its emergency March 15, 2020 and enacted an ordinance penalizing violations of the emergency declaration April 21, 2020; its local mitigation plan governed from May 1 to June 1, 2021; on July 20, 2021 the Commission required face coverings of every employee in indoor public spaces from July 22 and signage of the health district's indoor recommendation at every business; and the Eighth Judicial District reinstated face coverings July 19, 2021.163 Washoe County, the office city of the Nevada gold industry, refused events of more than 250 persons in October 2020, limited gatherings to fifty or fifty percent from November 5, 2020, adopted a local mitigation plan May 3, 2021 and came under Directive 047 on July 30, 2021.164

Salt Lake City and the Uinta

Salt Lake County's Public Health Order 2020-01 closed dine-in service from 5:00 p.m. on March 15, 2020; Order 2020-02 capped gatherings at ten from March 19; the Joint Stay-at-Home Order 2020-03 confined the County from March 27 to May 1, 2020; Orders 2020-05, 2020-07 and 2020-08 carried the phased guidelines and a face-covering requirement from June 27, 2020, extended by Orders 2020-13 to 2020-15 to January 5, 2021; Summit County's orders confined its residents from March 29, 2020; and in the third quarter of 2021 the Salt Lake County Health Department ordered face coverings for students in kindergarten through grade six on August 11, an order the County Council terminated the next day, Summit County's Health Officer declared a Delta-variant local public health emergency and issued its Order of Constraint on August 21, effective August 25, requiring face coverings in its elementary schools, and the City ordered face coverings in its buildings July 28 and declared a local emergency August 20.165

Phoenix and the copper country

Maricopa County required face coverings from June 20, 2020 by regulation, an airborne-transmission control on every place of public accommodation in the county with a duty on each to require face coverings of its staff, amended June 26; the City's proclamation of June 18, 2020 required them from June 20; the Superior Court restricted physical access to court facilities through July 19, 2021, maintained six-foot distancing from July 28 and ordered face coverings in every court facility from August 9, 2021; and Valley Metro and Sun Tran required face coverings on every vehicle from July 1, 2020 and January 4, 2021.166

Los Angeles and the Bay Area

Los Angeles County's Safer at Home orders of March 21 and April 10, 2020 confined the County and imposed Social Distancing Protocols on every business permitted to operate; its Targeted Safer at Home order of December 30, 2020 ran with the Regional Stay at Home; its Blueprint orders governed the spring of 2021; and its Beyond the Blueprint orders of July 16 and August 16, 2021 (effective July 17 and August 19, the latter in force to October 7, 2021) required face coverings indoors of every person, imposed vaccination on health-care workers from August 12, 2021 and attached conditions to large events; the City's Safer L.A. order of July 17, 2021 did the same; the Superior Court required face coverings in every courthouse from June 28, 2021.167 The County is home to the Wilmington and Inglewood fields and to the refineries of the South Bay; every one of them operated under these orders. In the Bay Area, home of the Richmond, Martinez and Benicia refineries, the health officers' Stay Safer at Home order of December 4, 2020 adopted the Regional order; Safer Return Together replaced it June 15, 2021; and on August 2, 2021 eight Bay Area health officers ordered every person to wear a face covering indoors from August 3, with San Francisco adding a proof-of-vaccination requirement for patrons from August 20, 2021.168 The Los Angeles Department of Water and Power and the Sacramento Municipal Utility District announced in March 2020 that they had suspended disconnections, and did not resume them until 2021 and 2022; the East Bay Municipal Utility District announced the same.169

Seattle and Puget Sound

King County's Local Health Officer closed bars, clubs, gyms and dining rooms and barred gatherings of fifty from March 16, 2020; the City capped restaurant delivery commissions April 24, 2020; the Health Officer directed indoor masking from May 20, 2021, and, after the regional health officers' joint recommendation of July 26, ordered indoor and outdoor masking from September 7, and on September 16, 2021 ordered verification of vaccination at restaurants, bars and events, with the entry requirement taking effect October 25, 2021; the Mayor required vaccination of every City employee August 9, 2021 and the County Executive did the same August 10; and the City extended its closures and relief measures September 21, 2021.170 The refineries of Anacortes, Ferndale and Tacoma and the Port of Seattle's fuel terminals operated under those orders and under the State's.

The transit layer

In every one of these metros the transit authority enforced the federal conveyance mask order from February 1, 2021 through the end of the claim period: Capital Metro, Trinity Metro, VIA, Denver RTD, the Port Authority of Allegheny County, the New Orleans RTA and Jefferson Transit, Metro Transit, the Utah Transit Authority, Valley Metro, BART, the MBTA, Metra, the MTA and the Maryland Transit Administration each published the requirement.171 The employee who rode to the yard, the office or the airport rode under a federal order.

The sector regulators

The Railroad Commission of Texas

On March 19, 2020 the Commission announced that "The Railroad Commission of Texas (Commission) and a large number of operators are now working remotely" and extended the notification requirements under Statewide Rule 32 on flaring; on March 24 it invited every operator to "request a waiver for regulatory requirements" during the disaster; on April 3 it extended every Oil and Gas Division permit, licence, registration and rule exception expiring between March 1 and September 30, 2020 to September 30, and deferred the deadlines to resolve violations of the inactive-well plugging rule and the Form P-5 requirements; on May 5, "in recognition of the unprecedented national and global economic conditions currently impacting the oil and gas industry," it adopted three orders of temporary exceptions to 16 TAC §§ 3.8(d)(4)(H), 3.13(d), 3.14(b)(2), 3.78, 3.95 and 3.107(b), its pit, casing, plugging, fee, storage and penalty rules; on May 15 it moved the W-1 drilling-permit system online from June 1; on September 29 it extended every deadline to December 31, 2020; and on December 21 it announced that the extensions would expire on that day, putting every deferred obligation of every Texas operator on the same date.172 The Public Utility Commission of Texas, in Project No. 50664, directed every retail electric provider to offer deferred payment plans and suspended disconnections from March 26, 2020, created and then wound down the COVID-19 Electricity Relief Program through August 27, 2020, and extended the disconnection exception to September 30, 2020.173

The North Dakota Industrial Commission

On March 24, 2020 the Commission directed the Department of Mineral Resources "to immediately reinstate guidelines that promote the prevention of waste of the state's natural resources of oil and gas during the current economic climate," reviving the Not Completed Well, Inactive Well and Suspension of Drilling waivers; on June 19, 2020 it authorized the Department to confiscate more than 350 abandoned wells for plugging under the CARES Act program.174 The Director's Cuts of April 14, May 15, June 12 and July 17, 2020 are the Commission's own record of what followed: rigs at 55, 54, 52 and 35, "the number of active completion crews decreasing from 25 to 1," and 193 wells waiting on completion.175

The New Mexico State Land Office

On April 3, 2020 the Commissioner of Public Lands initiated emergency rulemaking because "The COVID-19 pandemic brought home, almost overnight" a demand and storage crisis; on April 21 she adopted emergency rule 19.2.100.71 NMAC, Temporary Shut-In of Oil Wells Due to Severe Reduction in the Price of Oil, finding that "because of a severe reduction in the price of oil, the beneficiaries of state trust lands will be better served if oil wells are allowed to be temporarily shut in rather than produced at a low price," with a Shut-In Notification Form for every State-lease well; and on June 12 she held a second virtual hearing on the longer-term rule.176 The lessor of the Permian's State-trust acreage thus ordered the terms on which its wells could stop producing without forfeiting the lease.

The Oklahoma Corporation Commission

On March 16, 2020 the Commission announced the coordinated utility-disconnection moratoriums of the State's regulated utilities; on June 17, 2021 it moved every courtroom proceeding and Commission meeting to Zoom from June 21, 2021, a regime that ran through the third quarter.177

The Federal Energy Regulatory Commission

FERC's instruments are set out in the federal layer: the policy statement on business continuity, Order No. 870, the shortened section 204 comment period, the oil-pipeline policy statement, the technical conference, the UGI LNG extension notice and the September 14, 2021 notice of the request to extend the COVID-19 waiver of the allowance-for-funds-used-during-construction rules to March 31, 2022.178 Order No. 870 is cited as the order; the policy statements and the docket notices are cited as the Commission's own record, made at the time, of the regime it administered under that order. Every interstate pipeline, every LNG terminal and every FERC-jurisdictional utility operated under that regime for the whole of the claim period.

The State utility commissions

The Kentucky Public Service Commission suspended disconnections March 16, 2020 and lifted the suspension October 20, 2020; the Arkansas Public Service Commission did the same April 10, 2020 for the duration of the emergency; the Illinois Commerce Commission urged every utility to cease disconnections March 13, 2020 and to extend the moratorium through the winter of 2021; the Connecticut Public Utilities Regulatory Authority ordered a shut-off moratorium March 12, 2020; the Pennsylvania Public Utility Commission's moratorium ran from March 13 to November 9, 2020; New York's Legislature imposed a statutory moratorium June 17, 2020 and extended it May 11, 2021 to December 21, 2021; New Jersey's ran from October 15, 2020 to June 30, 2021 with a grace period to December 31, 2021; Washington's Proclamation 20-23 ran from March 18, 2020 to September 30, 2021; and North Carolina's Executive Orders 124 and 142 prohibited shut-offs to July 29, 2020.179 A utility that cannot disconnect a non-paying customer is a utility that defers its capital program, and the pipeline and utility contractor is the first line it defers.

The State occupational-safety agencies

Virginia's Department of Labor and Industry, California's Division of Occupational Safety and Health, Oregon OSHA, Michigan OSHA and Washington's Department of Labor and Industries each adopted a binding COVID-19 rule on every employer in the State; New Mexico's Occupational Health and Safety Bureau required four-hour reporting of positive cases; Nevada OSHA enforced Directive 047.180 Each rule reached every well pad, mine, shop and pipeline right-of-way in its State on every day it was in force, and four of them were in force on every day of the third quarter of 2021.

The tribal governments

The Navajo Nation, the Mescalero Apache Tribe, the Yakama Nation and the Cherokee Nation issued the orders set out above; an Indian tribal government is an appropriate governmental authority in the plainest sense, and Congress has said as much in the Code.181

The federal land and safety agencies

The Bureau of Land Management and the Bureau of Safety and Environmental Enforcement operated under the Interior memorandum of March 22, 2020 and the Office of Management and Budget's memoranda thereafter; the Bureau's field-office closures and the Department of Energy's Legacy Management visitor closures are records of the regime.182 None of them is needed to prove a single quarter; each corroborates what the instruments above already prove.

The counterparties

The eleventh function, CB, is the function the Service's form sentence never reaches, and it is the function through which the orders did the most to this industry. The operations section set out the counterparty map. This section records the orders that reached each counterparty by name. The producers, the service company's only customer, shut in wells under the New Mexico rule and the North Dakota waivers and deferred their obligations under the Texas extensions.183 The refiners cut runs because the orders on travel and commerce cut demand: the Energy Information Administration recorded second-quarter 2020 global demand down 16.6 million barrels a day "the result of COVID-19-related shutdowns," jet fuel down sixty-four percent, gasoline down twenty-six percent, and United States production down from 12.9 to 11.4 million barrels a day "as Baker Hughes reported the fewest active drilling wells in the United States in their records."184 The utilities operated under the disconnection moratoria above. The steel mills and equipment plants that buy coal and sell tubulars operated under Pennsylvania's, Michigan's, New York's, New Jersey's, Kentucky's and Washington's manufacturing closures and Texas's twenty-five-percent rule (Ex. TX-014; Ex. TX-016).185 The hotels, motels and RV parks that house the crews operated under New Mexico's caps, Connecticut's ban, Maine's closure, New Hampshire's essential-workers rule, Delaware's, South Carolina's and Vermont's restrictions, Montana's and Wyoming's posting requirements, Southeast Utah's Grand County order, Routt County's closure, Alaska's plans and California's Regional order.186 The clinics that supply the industry's physicals, fit tests and drug screens operated under the elective-procedure suspensions of the spring of 2020 in Texas (Ex. TX-004), Colorado (Ex. CO-007), Oklahoma (Ex. OK-006), New Mexico (Ex. NM-007; Ex. NM-013), Louisiana (Ex. LA-045) and West Virginia (Ex. WV-014), with West Virginia's resumption conditioned on approved plans from April 28 and 30, 2020 (Ex. WV-023; Ex. WV-024), and, from June 21, 2021, under the federal health-care standard.187 The recorders and courts that record leases and rights-of-way and hear title and royalty disputes operated under the judicial emergency orders of every energy State.188 The Federal Reserve's Beige Books recorded the result district by district: "mandated closures" in April and May 2020, "mandated restrictions" through December 2020, and in July and September 2021 "supply disruptions and labor shortages" that the spring-2020 dismantling had caused and that continued under the orders then in force.189

The ecosystem: the guidance and what is not an order

This analysis rests on domestic orders and needs nothing else. The Cybersecurity and Infrastructure Security Agency's advisory list, the Environmental Protection Agency's enforcement policy, the Mine Safety and Health Administration's enforcement announcements and the industry's trade-association guidance are context, not orders, and this analysis treats none of them as an order. The trade shows, conventions, measurement schools, lease sales, regulator hearings and crew rotations of this industry that the orders closed, capped or moved online are recorded in the Library's meetings records, with the venue orders in force on their dates and the organizers' own notices. The orders are the instruments set out above and in the quarter inventories that follow. They are enough.

The standing duties

Beneath the emergency orders lay a further layer that bound every operator, contractor and supplier in this industry throughout the six quarters: the standing statutes that commanded every person to prevent and control communicable disease and every employer to furnish a safe and healthful workplace, the offenses that punished disobedience of health and emergency orders, and the liability shields of 2020 and 2021 that protected only the complying business. Each is an order from an appropriate governmental authority: a statute or rule that commands conduct is an order, and a legislature, a health department, a labor department and an occupational-safety agency are each such an authority (see the statute page). The layer is set out here for the eight principal States of the industry; the fifty-one-State table is on this site's standing-duties page.190

The first layer is the orders' own conditions of operating, and the verbs are commands. Texas: "[e]very business establishment in Texas shall operate at no more than 50 percent of the total listed occupancy"; the DSHS protocols the same orders incorporated with "should" are recommendations, compulsory through the commands beside them and the statutes and shield below.191 New Mexico: businesses "must operate in accordance with the pertinent 'COVID-Safe Practices (CSPs)'" from May 16, 2020 and "must adhere to the pertinent COVID-Safe Practices" from July 1, 2021, under a $5,000 penalty for each violation.192 Oklahoma: the Essential Industries List that kept "21 Mining, Oil and Gas Extraction" open conditioned its starred industries on the requirement that they "must publicly post and adhere to social distancing guidelines in order to remain open."193 Louisiana: every sector "shall be allowed to operate under the following conditions."194 North Dakota: every arriving crew quarantined on pain of "a class B misdemeanor," and the reopening standards "must be adopted and rigorously followed."195 California: "[e]mployers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program."196 Pennsylvania: "shall implement, as applicable, the following social distancing, mitigation, and cleaning protocols," and "[u]nless impossible, all businesses must conduct their operations remotely."197 Colorado: on July 1, 2021, "[a]ll businesses and government entities shall comply with the requirements in this Section I.B."198 Recommendatory clauses are recorded as such in the footnotes, with their incorporating instrument.

The second layer is the standing law that commanded the same conduct before any order issued. Texas states the duty on the person in the words Health and Safety Code section 81.002 has carried since 1989: "The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease."199 Behind it stand the control measures of section 81.082, the offenses of sections 81.087 and 81.085(h), Government Code section 418.173's fine of $1,000 and 180 days, and Labor Code section 411.103, under which "[e]ach employer shall" provide "a place of employment that is reasonably safe and healthful," with "methods of sanitation and hygiene."200 The other seven States carried the same three commands: New Mexico's Occupational Health and Safety Act ("free from recognized hazards") and the $5,000 penalty behind its orders;201 Oklahoma's quarantine statute ("[i]t shall be unlawful ... to violate the terms or conditions of the quarantine");202 Louisiana's R.S. 23:13 ("reasonably safe") and R.S. 29:724 ("the force and effect of law");203 North Dakota's infraction for disobeying "any order issued by any state, district, county, or municipal health officer";204 California's Labor Code ("safe and healthful") and written prevention program;205 Pennsylvania's General Safety Law ("reasonable and adequate protection") and 71 P.S. § 1409;206 and Colorado's § 25-1-114 (a misdemeanor to "willfully violate, disobey, or disregard" a health order).207 In the six States without an occupational-safety plan of their own, the federal clause supplied the general duty; over all eight lay section 5(a)(1) of the Occupational Safety and Health Act, "free from recognized hazards that are causing or are likely to cause death or serious physical harm," enforced against the virus by citation from September 10, 2020 and by $3,930,381 in proposed penalties from 300 inspections by December 31, 2020.208

The third layer is the liability shields, and their condition is compliance. Texas protects a business unless the claimant proves it "knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease," for actions commenced on or after March 13, 2020;209 Oklahoma, from May 21, 2020, only where the conduct "was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time";210 Louisiana, retroactive to March 11, 2020, unless the business "failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency";211 North Dakota, from January 1, 2020, only where the act "was in substantial compliance or was consistent with a federal or state statute, regulation, or order related to COVID-19."212 New Mexico, California, Colorado and Pennsylvania enacted no business shield; Pennsylvania's Governor vetoed the bill because "[p]roviding immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public, its employees and is not in the public interest."213 In both groups the legislature's premise is the same: compliance with the governmental health standards is what a business owed.

The courts treated the regime as law binding businesses: the Supreme Court of Oklahoma held that the orders "expressed the public policy of the State of Oklahoma," the Supreme Court of New Mexico held the Governor and Secretary "authorized to restrict or close businesses when necessary for the protection of public health," and the Fifth Circuit upheld Texas's and Louisiana's orders; each is an adjudication, cited as such.214 An operator that screened its crews at the gate, rotated its shop onto shifts to hold a 25 and then a 50 percent occupancy, quarantined a crew for fourteen days on crossing into New Mexico, masked a rig floor and sent its land and accounting staff home was not choosing; it was complying, and the command it complied with is an order under the Suspension Clause. The answer to the Service's Q&A-14 position below applies the point.

  1. Moreland et al., Timing of State and Territorial COVID-19 Stay-at-Home Orders and Changes in Population Movement, United States, March 1-May 31, 2020, 69 MMWR 1198, 1198-99 (Sept. 4, 2020) (Ex. LAW-201). ↩
  2. Katz et al., COVID Analysis and Mapping of Policies, 10 Sci. Data 491 (July 27, 2023) (Technical Validation paragraph: "over 20,000 policies captured at the national and state level in these jurisdictions"; "[a]mong U.S. state and national policies, 95% were issued prior to November 23, 2021") (Ex. LAW-202). ↩
  3. Ballotpedia, Executive orders issued by governors and State agencies in response to the coronavirus pandemic, 2020 (2,065 executive orders, Feb. 2020-June 29, 2020) (Ex. LAW-203); Ballotpedia, States that issued stay-at-home orders (43 governors; seven States did not) (Ex. LAW-204). ↩
  4. HHS, COVID-19 State and County Policy Orders dataset (HealthData.gov gyqz-9u7n) (Ex. LAW-205, the rendered dataset page); the row counts (4,218 policy-order rows, 1,707 State and 2,511 county, Mar. 23, 2020-Aug. 31, 2021; two start rows coded in 2021 Q2 and none in 2021 Q3) are read from the dataset's API at healthdata.gov/resource/gyqz-9u7n.json and not from the words of the exhibit. ↩
  5. KFF, State Social Distancing Actions, file of July 2, 2021 (Ex. LAW-246); KFF, State Social Distancing Actions, file of Sept. 21, 2021 (Ex. LAW-247). ↩
  6. BEA, Gross Domestic Product, 2nd Quarter 2020 (Advance Estimate) (July 30, 2020) (Ex. LAW-253); GAO-20-625, COVID-19: Opportunities to Improve Federal Response and Recovery Efforts, at 3 (June 2020) (Ex. LAW-213). ↩
  7. RRC, Notice to Oil and Gas Operators, Extension of Notification Requirements Under Statewide Rule 32 (Mar. 19, 2020) (Ex. SEC-23-001); NDIC, North Dakota DMR to Reinstate Well Waivers (Mar. 24, 2020) (Ex. SEC-23-028); NM Commissioner of Public Lands, Emergency Rule 19.2.100.71 NMAC, Temporary Shut-In of Oil Wells (Apr. 21, 2020) (Ex. SEC-23-008); OCC, COVID-19 and Utility Customers (Mar. 16, 2020) (Ex. SEC-23-025); FERC, Business Continuity of Energy Infrastructure, Policy Statement, Docket PL20-5-000, 85 Fed. Reg. 19466 (Apr. 7, 2020) (Ex. SEC-23-017); FERC, Edison Electric Institute and American Gas Association, Notice of Filing, 86 Fed. Reg. 51138 (Sept. 14, 2021) (Ex. SEC-23-023). ↩
  8. HHS, Determination that a Public Health Emergency Exists (Jan. 31, 2020) (Ex. FED-010); HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021; effective July 20, 2021) (Ex. FED-016); HHS, Renewal of Determination (Oct. 15, 2021) (Ex. FED-017). ↩
  9. Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 13, 2020), 85 Fed. Reg. 15337 (Ex. FED-001); Notice of Feb. 24, 2021, Continuation of the National Emergency (Ex. FED-002); Letter from the President on Emergency Determination Under the Stafford Act (Mar. 13, 2020) (Ex. FED-006). ↩
  10. Proclamation 9984 (Jan. 31, 2020; effective Feb. 2, 2020) (Ex. FED-200); Proclamation 9992 (Feb. 29, 2020; effective Mar. 2, 2020) (Ex. FED-201); Proclamation 9993 (Mar. 11, 2020; effective Mar. 13, 2020) (Ex. FED-202); Proclamation 9996 (Mar. 14, 2020; effective Mar. 16, 2020) (Ex. FED-203); Proclamation 10041 (May 24, 2020; effective May 26, 2020) (Ex. FED-204). The Schengen, United Kingdom, Ireland and Brazil suspensions were continued by Proclamation 10143 (Ex. FED-207) and all were revoked by Proclamation 10294 effective Nov. 8, 2021 (Ex. FED-209). ↩
  11. DHS, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (effective 11:59 p.m. Mar. 20, 2020) (Ex. FED-216); DHS, the same for Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239); renewals of Apr. 22, 2020 (Ex. FED-217; Ex. FED-240), May 22, 2020 (Ex. FED-218; Ex. FED-241) and June 24, 2020 (Ex. FED-219; Ex. FED-242). ↩
  12. CDC, Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (Mar. 20, 2020) (Ex. FED-034); Extension of Order (Apr. 20, 2020) (Ex. FED-035); Amendment and Extension of Order (May 19, 2020; effective May 21, 2020) (Ex. FED-036); HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine (Mar. 20, 2020) (Ex. FED-039). ↩
  13. Department of State, Suspension of Routine Visa Services (Mar. 20, 2020) (Ex. FED-327); USCIS, USCIS Temporarily Closing Offices to the Public March 18-April 1 (Mar. 17, 2020; extended to June 4, 2020) (Ex. FED-324); USCIS, USCIS Preparing to Resume Public Services on June 4 (May 27, 2020) (Ex. FED-325). ↩
  14. Proclamation 10014, Suspension of Entry of Immigrants (Apr. 22, 2020), 85 Fed. Reg. 23441 (Ex. FED-210); Proclamation 10052, Suspension of Entry of Immigrants and Nonimmigrants (June 22, 2020), 85 Fed. Reg. 38263 (sec. 2: H-1B, H-2B, J and L nonimmigrants) (expired Mar. 31, 2021) (Ex. FED-211). ↩
  15. DHS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency (Apr. 20, 2020) (Ex. FED-320); DHS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency (May 14, 2020) (Ex. FED-321). ↩
  16. Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. FED-070); Executive Order 13910, Preventing Hoarding of Health and Medical Resources (Mar. 23, 2020) (Ex. FED-071); Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072); Executive Order 13917 (Apr. 28, 2020) (Ex. FED-073); HHS, Notice of Designation of Scarce Materials or Threatened Materials (Mar. 25, 2020) (Ex. FED-074); FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075); FEMA, Notification of Exemptions (Apr. 17, 2020) (Ex. FED-076); FEMA, Temporary Final Rule extending and modifying the allocation rule (Aug. 10, 2020) (effective through Dec. 31, 2020) (Ex. FED-077); FEMA, Temporary Final Rule (Dec. 31, 2020) (effective through June 30, 2021) (Ex. FED-078). ↩
  17. Under Secretary of Defense for Acquisition and Sustainment, Memorandum for Defense Industrial Base, Defense Industrial Base Essential Critical Infrastructure Workforce (Mar. 20, 2020) (Ex. AGY-DEFENSE-GUARD-037); Class Deviation 2020-O0013, CARES Act Section 3610 Implementation (Apr. 8, 2020) (Ex. AGY-DEFENSE-GUARD-061). ↩
  18. Deputy Secretary of Defense, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020; effective Mar. 16 through May 11, 2020, extended) (Ex. FED-281); Secretary of Defense, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020) (Ex. FED-283); Secretary of Defense, Update to Conditions-based Approach (Mar. 15, 2021) (Ex. FED-280). ↩
  19. OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262); OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263); OMB Memorandum M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19 (Mar. 17, 2020) (Ex. FED-264); OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267); OMB/OPM Memorandum M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again (Apr. 20, 2020) (rescinded June 10, 2021) (Ex. FED-268); Secretary of the Interior, Ensuring the Continued Performance of the Mission of the Department of the Interior (Mar. 22, 2020) (Ex. FED-386; Ex. AGY-FED-LANDS-SCIENCE-COURTS-050). ↩
  20. EPA, COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program (Mar. 26, 2020; retroactive to Mar. 13, 2020; terminated Aug. 31, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-003). The document is a temporary enforcement policy; this analysis does not treat it as an order. ↩
  21. Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020), divs. C and E (Ex. FED-170); DOL, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826, 85 Fed. Reg. 19326 (Apr. 6, 2020) (Ex. FED-171); DOL, Revised Temporary Rule, 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. FED-172). ↩
  22. Department of the Treasury and U.S. Customs and Border Protection, Temporary Final Rule, Temporary Postponement of the Time To Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19), 85 Fed. Reg. 22349 (Apr. 22, 2020) (adding 19 C.F.R. 24.1a) (Ex. AGY-USCG-PORTS-066). ↩
  23. FERC, Business Continuity of Energy Infrastructure, Policy Statement, Docket PL20-5-000, 85 Fed. Reg. 19466 (Apr. 7, 2020) (Ex. SEC-23-017); FERC, Order No. 870, Delegation of Authority, Docket RM20-13-000, 85 Fed. Reg. 19384 (Apr. 7, 2020) (Ex. SEC-23-018); FERC, Notice Shortening Comment Period for Federal Power Act Section 204 Filings, Docket AD20-16-000, 85 Fed. Reg. 27736 (May 11, 2020) (in effect to Sept. 1, 2020) (Ex. SEC-23-019); FERC, Commission Action To Address Effects of COVID-19 on Oil Pipelines, Policy Statement, Docket PL20-6-000, 85 Fed. Reg. 36322 (June 16, 2020) (Ex. SEC-23-020); FERC, Supplemental Notice of Technical Conference, Impacts of COVID-19 on the Energy Industry, Docket AD20-17-000, 85 Fed. Reg. 35650 (June 11, 2020) (Ex. SEC-23-021). ↩
  24. CISA, Guidance on the Essential Critical Infrastructure Workforce (Mar. 19, 2020; Version 2.0 Mar. 28, 2020) (Ex. FED-394); Version 3.0 (Apr. 17, 2020) (Ex. ECO-A-122); Version 3.1 (May 19, 2020) (Ex. ECO-A-123); Version 4.0 (Aug. 18, 2020) (Ex. ECO-A-124). For the incorporating orders see Texas Executive Order GA-14 (Ex. TX-008); Kentucky Executive Order 2020-257 (Ex. KY-010); Louisiana Proclamation 33 JBE 2020 (Ex. LA-005); Florida Executive Order 20-91 (Ex. FL-010); Georgia Executive Order 04.02.20.01 (Ex. GA-010); Massachusetts COVID-19 Order No. 13 (Ex. MA-008); Connecticut Executive Order 7H (Ex. CT-007); Michigan Executive Order 2020-21 (Ex. MI-011); Mississippi Executive Order 1463 (Ex. MS-006). ↩
  25. USCG, MSIB 07-20, Novel Coronavirus - Port and Facility Operations (Mar. 18, 2020) (Ex. AGY-USCG-PORTS-007); MSIB 07-20 (Change 1) (Apr. 17, 2020) (Ex. AGY-USCG-PORTS-019); MSIB 07-20 (Change 2) (May 7, 2020) (Ex. AGY-USCG-PORTS-021) (each a bulletin, cited as context and not as an order). See also Port of Corpus Christi Authority, releases of Mar. 23 and Mar. 25, 2020 (the port "will remain open to provide critical infrastructure services" under the Nueces County stay-at-home order) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-060; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-061); Port Freeport, COVID-19 page as of Apr. 22, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-062) (records of the county orders; context). ↩
  26. DHS, Notifications of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 44185 (July 22, 2020) (Ex. FED-220), 85 Fed. Reg. 51634 (Aug. 21, 2020) (Ex. FED-221), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222); (Mexico), 85 Fed. Reg. 44183 (July 22, 2020) (Ex. FED-243), 85 Fed. Reg. 51633 (Aug. 21, 2020) (Ex. FED-244), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245). ↩
  27. Proclamation 10052 (Ex. FED-211); CDC, Amendment and Extension of Order (May 19, 2020) (Ex. FED-036); FEMA, Temporary Final Rule (Aug. 10, 2020) (Ex. FED-077); HHS, Extension of Designation of Scarce Materials, 85 Fed. Reg. 45895 (July 30, 2020) (Ex. ECO-A-069). ↩
  28. DOL, Revised Temporary Rule, 85 Fed. Reg. 57677 (Sept. 16, 2020) (Ex. FED-172). ↩
  29. Secretary of Defense, Transition to Conditions-based Phased Approach (May 22, 2020) (Ex. FED-283); Department of Defense, COVID-19 Travel Restrictions Installation Status Update as of June 29, 2020 (Ex. AGY-DEFENSE-GUARD-050) (the Department's record of the regime; context). ↩
  30. Ex. SEC-23-019; Ex. SEC-23-021. ↩
  31. DHS, Notifications of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 67276 (Oct. 22, 2020) (Ex. FED-223), 85 Fed. Reg. 74603 (Nov. 23, 2020) (Ex. FED-224), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225); (Mexico), 85 Fed. Reg. 67275 (Oct. 22, 2020) (Ex. FED-246), 85 Fed. Reg. 74604 (Nov. 23, 2020) (Ex. FED-247), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248). ↩
  32. CDC, Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037). ↩
  33. FEMA, Temporary Final Rule (Dec. 31, 2020) (Ex. FED-078); DHS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants: Extension (Dec. 18, 2020) (Ex. FED-323). ↩
  34. FERC, UGI LNG, Inc.; Notice of Request for Extension of Time, 85 Fed. Reg. 63548 (Oct. 8, 2020) (Ex. SEC-23-022). ↩
  35. Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (Jan. 20, 2021), 86 Fed. Reg. 7045 (Ex. FED-060); Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel (Jan. 21, 2021), 86 Fed. Reg. 7205 (Ex. FED-061); Executive Order 13999, Protecting Worker Health and Safety (Jan. 21, 2021), 86 Fed. Reg. 7211 (Ex. FED-062). ↩
  36. Proclamation 10143 (Jan. 25, 2021), 86 Fed. Reg. 7467 (Ex. FED-207). ↩
  37. CDC, Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving into the United States from Any Foreign Country (Jan. 12, 2021) (Ex. FED-041); CDC, Amended Order (Jan. 25, 2021; effective Jan. 26, 2021) (Ex. FED-042). ↩
  38. DHS, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057); CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs (Jan. 29, 2021), 86 Fed. Reg. 8025 (Feb. 3, 2021) (effective 11:59 p.m. Feb. 1, 2021) (Ex. FED-020); TSA, Security Directive SD 1582/84-21-01, Security Measures - Mask Requirements (Jan. 31, 2021; effective Feb. 1, 2021; expiration May 11, 2021) (Ex. FED-050); TSA, Security Directive SD 1544-21-02, Security Measures - Face Masks (aircraft operators) (Ex. FED-053); TSA, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Ex. FED-054); TSA, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Ex. FED-055). ↩
  39. OMB Memorandum M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles (Jan. 24, 2021) (Ex. FED-270). ↩
  40. DHS, Notifications of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 4969 (Jan. 19, 2021) (Ex. FED-227), 86 Fed. Reg. 10815 (Feb. 23, 2021) (Ex. FED-228), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229); (Mexico), 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-250), 86 Fed. Reg. 10816 (Feb. 23, 2021) (Ex. FED-251), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252); Proclamation 10052 (expired Mar. 31, 2021) (Ex. FED-211). ↩
  41. OSHA, Direction DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. FED-082); Secretary of Defense, Update to Conditions-based Approach (Mar. 15, 2021) (Ex. FED-280). ↩
  42. Executive Order 14017, America's Supply Chains (Feb. 24, 2021), 86 Fed. Reg. 11849 (Mar. 1, 2021) (Ex. ECO-A-072); HHS, Extension of Designation of Scarce Materials (Feb. 1, 2021) (Ex. ECO-A-070). ↩
  43. TSA, Notification of Ratification of Security Directives and Emergency Amendment (Apr. 20, 2021) (Ex. FED-056); Proclamation 10199, Suspension of Entry as Nonimmigrants of Certain Additional Persons (India) (Apr. 30, 2021; effective May 4, 2021), 86 Fed. Reg. 24297 (Ex. FED-208); TSA, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (announced Apr. 30, 2021; the directive's face states effective May 12, 2021 and expiration Sept. 13, 2021) (Ex. FED-051). ↩
  44. DHS, Notifications of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 21188 (Apr. 22, 2021) (Ex. FED-230), 86 Fed. Reg. 27802 (May 24, 2021) (Ex. FED-231), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232); (Mexico), 86 Fed. Reg. 21189 (Apr. 22, 2021) (Ex. FED-253), 86 Fed. Reg. 27800 (May 24, 2021) (Ex. FED-254), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255). ↩
  45. FEMA, Temporary Final Rule (Dec. 31, 2020) (Ex. FED-078); FEMA, Notification of Additional Exemptions (June 11, 2021) (Ex. FED-079). ↩
  46. OSHA, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. part 1910, subpart U, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080); OSHA, Direction DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard (June 28, 2021) (Ex. FED-081). ↩
  47. OMB Memorandum M-21-25, Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces (June 10, 2021) (Ex. FED-271). ↩
  48. The White House, Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. ECO-A-101); The White House, Fact Sheet: Biden-Harris Administration Announces Supply Chain Disruptions Task Force (June 8, 2021) (Ex. ECO-A-102). ↩
  49. Ex. FED-020 (in force "until further notice"; in force on every day of the third quarter of 2021). ↩
  50. Ex. FED-051 (effective May 12, 2021; expiration Sept. 13, 2021); TSA, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (announced Aug. 20, 2021; the directive's face states effective Sept. 14, 2021 and expiration Jan. 18, 2022) (Ex. FED-052); Ex. FED-053; Ex. FED-054; Ex. FED-055 (the aircraft-operator, airport and foreign-air-carrier directives of Jan. 31, 2021, in force to May 11, 2021). ↩
  51. DHS, Notifications of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232), 86 Fed. Reg. 38556 (July 22, 2021) (Ex. FED-233), 86 Fed. Reg. 46964 (Aug. 23, 2021) (Ex. FED-234), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235); (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255), 86 Fed. Reg. 38554 (July 22, 2021) (Ex. FED-256), 86 Fed. Reg. 46963 (Aug. 23, 2021) (Ex. FED-257), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258); the series ended with the notice of Oct. 21, 2021 (Ex. FED-236; Ex. FED-259). ↩
  52. Ex. FED-200; Ex. FED-201; Ex. FED-207; Ex. FED-208; Proclamation 10294, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic (Oct. 25, 2021; effective Nov. 8, 2021) (Ex. FED-209). ↩
  53. Ex. FED-037; CDC, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Aug. 2, 2021) (Ex. FED-038). ↩
  54. Ex. FED-042. ↩
  55. Ex. FED-060; Ex. FED-062; Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021) (Ex. FED-272); Certification of Vaccination form (Aug. 2021) (Ex. FED-278). ↩
  56. OSHA, Direction DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. FED-083); OSHA, Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. FED-084); Ex. FED-080; Ex. FED-081. ↩
  57. Ex. FED-016; Memorandum of Aug. 17, 2021, Maximizing Assistance To Respond to COVID-19 (Ex. FED-009); HHS, Extension of Designation of Scarce Materials (July 7, 2021; to Nov. 15, 2021) (Ex. ECO-A-071). ↩
  58. Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Sept. 9, 2021), 86 Fed. Reg. 50985 (Ex. FED-063); Executive Order 14043, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees (Sept. 9, 2021), 86 Fed. Reg. 50989 (Ex. FED-064); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. FED-274; Ex. SEC-09-044); OMB, Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042 (Sept. 24, 2021) (Ex. FED-275). ↩
  59. FERC, Edison Electric Institute and American Gas Association; Notice of Filing (request of Sept. 2, 2021 to extend the COVID-19 AFUDC waiver to Mar. 31, 2022), 86 Fed. Reg. 51138 (Sept. 14, 2021) (Ex. SEC-23-023); Ex. SEC-23-017; Ex. SEC-23-018; Ex. SEC-23-020. ↩
  60. USCG, MSIB 02-21 (Change 2), COVID-19 Safety Requirements in the Maritime Transportation System (June 11, 2021) (Ex. AGY-USCG-PORTS-037); MSIB 02-21 (Change 3) (Sept. 2, 2021) (Ex. AGY-USCG-PORTS-038); MSIB 04-21, COVID-19 Crew Change Issues (Mar. 17, 2021) (Ex. AGY-USCG-PORTS-032); MSIB 08-20 (Change 5), COVID-19 - Mariner Credentials (Dec. 22, 2020; to Oct. 31, 2021) (Ex. AGY-USCG-PORTS-028); MSIB 02-20 (Change 7), Novel Coronavirus - Update (May 5, 2021) (Ex. AGY-USCG-PORTS-035). Each is a bulletin implementing the CDC order (Ex. FED-020), cited as context and not as an order. ↩
  61. Secretary of Defense, Update to Conditions-based Approach (Mar. 15, 2021) (Ex. FED-280) (the instrument); Department of Defense, COVID-19 Travel Restrictions Installation Status Update as of September 27, 2021 (Ex. AGY-DEFENSE-GUARD-116) (the Department's record of the regime; context). ↩
  62. The twenty States whose spring 2020 arrival quarantines are in the Library, with the lead exhibit for each: Alaska (Ex. AK-012); Arizona (Ex. AZ-012); Arkansas (Ex. AR-039); Delaware (Ex. DE-010); Florida (Ex. FL-012); Hawaii (Ex. HI-003); Idaho (Ex. ID-004); Kansas (Ex. KS-053); Kentucky (Ex. KY-013); Maine (Ex. ME-013); Montana (Ex. MT-010); North Dakota (Ex. ND-021); Oklahoma (Ex. OK-010); Rhode Island (Ex. RI-010); South Carolina (Ex. SC-007); Texas (Ex. TX-007); Utah (Ex. UT-008); Vermont (Ex. VT-012); West Virginia (Ex. WV-012); Wyoming (Ex. WY-010). ↩
  63. Texas Executive Order GA-08 (Mar. 19, 2020) (Ex. TX-003); Executive Order GA-11 (Mar. 26, 2020; effective Mar. 28, 2020) (Ex. TX-006); Executive Order GA-12 (Mar. 29, 2020; effective Mar. 30, 2020) (Ex. TX-007); Executive Order GA-14 (Mar. 31, 2020; effective Apr. 2, 2020) (Ex. TX-008). ↩
  64. Ex. TX-008 (superseded by GA-16 effective Apr. 17, 2020, which carried the regime to Apr. 30, 2020). ↩
  65. Texas Executive Order GA-29 (July 2, 2020; effective July 3, 2020; rescinded Mar. 10, 2021) (Ex. TX-022); Executive Order GA-28 (June 26, 2020; effective June 26, 2020) (Ex. TX-021); Executive Order GA-30 (Sept. 17, 2020) (Ex. TX-023); Executive Order GA-32 (Oct. 7, 2020; effective Oct. 14, 2020) (Ex. TX-025); Executive Order GA-34 (Mar. 2, 2021; effective Mar. 10, 2021) (Ex. TX-029); Executive Order GA-38 (July 29, 2021) (Ex. TX-036); Executive Order GA-39 (Aug. 25, 2021) (Ex. TX-037); Proclamation renewing the COVID-19 disaster declaration (Aug. 29, 2021) (Ex. TX-038). ↩
  66. Supreme Court of Texas, Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9060 (May 26, 2021; in force June 1-Aug. 1, 2021) (Ex. TX-064; Ex. ECO-C-069); Fortieth Emergency Order, Misc. Docket No. 21-9079 (July 19, 2021; effective Aug. 1, 2021; to Oct. 1, 2021) (Ex. TX-040; Ex. ECO-C-070); Forty-Third Emergency Order, Misc. Docket No. 21-9119 (Sept. 21, 2021; effective Oct. 1, 2021) (Ex. ECO-C-071); First Emergency Order, Misc. Docket No. 20-9042 (Mar. 13, 2020) (Ex. ECO-C-061). ↩
  67. Louisiana Proclamation 30 JBE 2020 (Mar. 16, 2020) (Ex. LA-003); Proclamation 33 JBE 2020 (Mar. 22, 2020; effective Mar. 23, 2020) (Ex. LA-005); Proclamation 58 JBE 2020 (Phase 1, May 15, 2020) (Ex. LA-010); Proclamation 74 JBE 2020 (Phase 2, June 5, 2020) (Ex. LA-012); Proclamation 89 JBE 2020 (July 11, 2020; effective July 13, 2020; statewide face-covering order; bars closed) (Ex. LA-014); Proclamation 117 JBE 2020 (Phase 3, Sept. 11, 2020) (Ex. LA-018); Proclamation 79 JBE 2021 (Apr. 27, 2021; effective Apr. 28, 2021; ending the statewide face-covering requirement except on conveyances, in State offices and in schools) (Ex. LA-030); Proclamation 117 JBE 2021 (June 22, 2021) (Ex. LA-034); Proclamation 137 JBE 2021 (Aug. 2, 2021; effective Aug. 4, 2021) (Ex. LA-036); Proclamation 167 JBE 2021 (Aug. 31, 2021; effective Sept. 1, 2021) (Ex. LA-038); Proclamation 181 JBE 2021 (Sept. 28, 2021; effective Sept. 29, 2021; to Oct. 27, 2021) (Ex. LA-040). ↩
  68. Ex. TX-006; Ex. TX-007; Florida Executive Order 20-86 (Mar. 27, 2020) (Ex. FL-015); Oklahoma Sixth Amended Executive Order 2020-07 (Mar. 29, 2020) (Ex. OK-010); Arkansas ADH Advisory for Travelers (Mar. 30, 2020) (Ex. AR-039). ↩
  69. Mississippi Executive Order 1463 (Mar. 24, 2020) (Ex. MS-006); Executive Order 1466 (Apr. 1, 2020; effective Apr. 3, 2020) (Ex. MS-009); Executive Order 1535 (Dec. 9, 2020; effective Dec. 11, 2020) (Ex. MS-046); Executive Order 1549 (Mar. 2, 2021; effective Mar. 3, 2021) (Ex. MS-051); Executive Order 1551 (Apr. 30, 2021) (Ex. MS-053). ↩
  70. Alabama, Order of the State Health Officer Suspending Certain Public Gatherings (Stay at Home) (Apr. 3, 2020; effective Apr. 4, 2020; to Apr. 30, 2020) (Ex. AL-013); Proclamation by the Governor: State of Emergency (COVID-19) (Aug. 13, 2021) (Ex. AL-052). ↩
  71. Florida Executive Order 20-91 (Apr. 1, 2020; effective Apr. 3, 2020) (Ex. FL-010); Executive Order 20-80 (Mar. 23, 2020) (Ex. FL-011); Executive Order 20-82 (Mar. 24, 2020) (Ex. FL-012); Executive Order 20-86 (Mar. 27, 2020) (Ex. FL-015); Chapter 2021-8, Laws of Florida (SB 2006) (effective July 1, 2021) (Ex. FL-030); Executive Order 21-101 (May 3, 2021; effective July 1, 2021) (Ex. FL-059); Executive Order 21-175 (July 30, 2021) (Ex. FL-063). ↩
  72. New Mexico, Amended Public Health Emergency Order Limiting Mass Gatherings (Mar. 16, 2020) (Ex. NM-003); Amended Public Health Emergency Order (Mar. 19, 2020) (Ex. NM-005); Public Health Emergency Order of March 23, 2020 (effective Mar. 24, 2020) (Ex. NM-006); Amended closure order of April 6, 2020 (effective Apr. 7, 2020) (Ex. NM-010). ↩
  73. Governor of New Mexico, Executive Order 2020-054 (July 1, 2020) (Ex. NM-024); Executive Order 2020-063 (Sept. 3, 2020) (Ex. NM-031); Executive Order 2020-075 (Oct. 29, 2020) (Ex. NM-037); Executive Order 2021-006 (Feb. 10, 2021) (rescinding the quarantine) (Ex. NM-051). ↩
  74. New Mexico Public Health Emergency Orders of June 30, 2020 (Ex. NM-023), July 13, 2020 (Ex. NM-026), Sept. 18, 2020 (Ex. NM-032), Oct. 16, 2020 (Ex. NM-033), Nov. 13, 2020 (effective Nov. 16, 2020) (Ex. NM-039), Nov. 18, 2020 (Ex. NM-040), Nov. 30, 2020 (effective Dec. 2, 2020) (Ex. NM-041), Dec. 30, 2020 (Ex. NM-047), Apr. 28, 2021 (Ex. NM-054) and June 2, 2021 (to June 30, 2021) (Ex. NM-057). ↩
  75. New Mexico Public Health Emergency Order of June 30, 2021 (effective July 1, 2021) (Ex. NM-060); Public Health Emergency Order of July 30, 2021 (Ex. NM-062); Public Health Emergency Order of Aug. 17, 2021 (mask directive from Aug. 20, 2021) (Ex. NM-067); Public Health Emergency Order of Sept. 15, 2021 (to Oct. 15, 2021) (Ex. NM-070); Executive Order 2021-054 (Sept. 15, 2021) (Ex. NM-069). ↩
  76. 11.5.1.16 NMAC, Recordkeeping and Reporting (emergency amendments effective Aug. 5, 2020: COVID-19 positive cases reported within four hours) (Ex. AGY-ST-LABOR-WORKPLACE-027); Supreme Court of New Mexico, Order No. 21-8500-015 (June 29, 2021) (Ex. NM-059); Order No. 21-8500-020 (Aug. 9, 2021) (Ex. NM-064); Order No. 21-8500-021 with Amended Emergency Court Protocols (Aug. 16, 2021; effective Aug. 23, 2021) (Ex. NM-066). ↩
  77. Arizona Declaration of Emergency (Mar. 11, 2020) (Ex. AZ-001); Executive Order 2020-12, Prohibiting the Closure of Essential Services (Mar. 23, 2020; rescinded Sept. 29, 2021) (Ex. AZ-005); Executive Order 2020-24, Requirements for Individuals Traveling to Arizona (Apr. 7, 2020; effective Apr. 9, 2020; rescinded May 16, 2020) (Ex. AZ-012). ↩
  78. Navajo Nation Public Health Emergency Order No. 2020-003 (Mar. 20, 2020) (Ex. AZ-063); No. 2020-004 (Mar. 29, 2020; curfew from Mar. 30, 2020) (Ex. AZ-064); No. 2020-006 (57-hour weekend lockdown, Apr. 17, 2020) (Ex. AGY-TRIBAL-001); No. 2020-015 (lockdown June 19-29, 2020) (Ex. AGY-TRIBAL-003); No. 2020-022 (weekend lockdowns, Sept. 1, 2020) (Ex. AGY-TRIBAL-008); No. 2020-030 (stay at home re-issued Nov. 16, 2020) (Ex. AGY-TRIBAL-013); No. 2020-031 (Dec. 3, 2020) (Ex. AZ-072); No. 2021-004 (Mar. 8, 2021) (Ex. AGY-TRIBAL-017); No. 2021-006 (Mar. 15, 2021) (Ex. AGY-TRIBAL-018); No. 2021-008 (Apr. 9, 2021; stay-at-home order re-issued; to June 18, 2021) (Ex. AZ-076); No. 2021-009 (Apr. 22, 2021; "Yellow Status" from Apr. 26, 2021) (Ex. AZ-077); No. 2021-010 (Apr. 22, 2021; effective Apr. 26, 2021) (Ex. AGY-TRIBAL-019); No. 2021-011 (May 21, 2021) (Ex. AGY-TRIBAL-020); No. 2021-012 (June 18, 2021; stay-at-home order rescinded; "Safer at Home" with daily curfew continued) (Ex. AZ-078); No. 2021-013 (July 7, 2021; effective July 8, 2021) (Ex. AZ-079); No. 2021-014 (July 8, 2021) (Ex. AGY-TRIBAL-021); No. 2021-016 (Aug. 4, 2021) (Ex. AZ-081); No. 2021-015 (Aug. 4, 2021; effective Aug. 6, 2021) (Ex. AZ-080); No. 2021-017 (Aug. 12, 2021) (Ex. AZ-082); No. 2021-018 (Aug. 12, 2021) (Ex. AZ-083); No. 2021-019 (Aug. 12, 2021) (Ex. AZ-084); No. 2021-020 (issued and effective Oct. 18, 2021) (Ex. AGY-TRIBAL-022) (post-period; not counted; the Orange Status orders of Aug. 12, 2021 govern the third quarter of 2021). ↩
  79. Mescalero Apache Tribe Executive Order 20-04 (May 12, 2020) (Ex. AGY-TRIBAL-025); Executive Order 20-12 (Oct. 14, 2020; effective Oct. 19, 2020) (Ex. AGY-TRIBAL-031); Executive Order 21-05 (Aug. 19, 2021; effective Aug. 20, 2021) (Ex. AGY-TRIBAL-040). ↩
  80. Oklahoma Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. OK-006); Sixth Amended Executive Order 2020-07 (Mar. 29, 2020) (Ex. OK-010); Seventh Amended Executive Order 2020-07 (Apr. 1, 2020; closure to Apr. 24, 2020) (Ex. OK-011); Oklahoma Essential Industries List (Apr. 1, 2020) (Ex. OK-014). ↩
  81. Oklahoma Sixth Amended Executive Order 2020-20 (Oct. 23, 2020) (Ex. OK-032); Seventh Amended Executive Order 2020-20 (Nov. 16, 2020) (Ex. OK-033); Executive Order 2021-11 (May 3, 2021; effective May 4, 2021) (Ex. OK-041); Executive Order 2021-16 (May 28, 2021) (Ex. OK-042); Senate Bill 658 (2021) (effective July 1, 2021) (Ex. OK-043); Cherokee Nation Executive Order 2021-01-CTH (vaccination of executive-branch employees, May 25-Dec. 31, 2021) (Ex. OK-090); Oklahoma Corporation Commission, Switching to Zoom for courtroom proceedings and Commission meetings (June 17, 2021; effective June 21, 2021) (Ex. SEC-23-026). ↩
  82. Kansas Executive Order 20-16 (Mar. 28, 2020; effective Mar. 30, 2020; to May 3, 2020) (Ex. KS-009); 39 Kan. Reg. No. 14, pp. 449-466 (Apr. 2, 2020) (typed text of EO 20-16 and the KEFF list) (Ex. KS-010); 39 Kan. Reg. No. 13 (Mar. 26, 2020) (EO 20-12, drivers'-license extensions) (Ex. KS-006); KDHE Travel Related Quarantine Table (Mar. 23, 2020) (Ex. KS-053); KDHE quarantine mandate page as of July 1, 2020 (Ex. KS-054); as of Jan. 5, 2021 (Ex. KS-055); as of June 10, 2021 (list of June 3, 2021) (Ex. KS-056); as of Oct. 1, 2021 (list of Sept. 23, 2021) (Ex. KS-057); see also KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052). ↩
  83. Arkansas Executive Order 20-13 (Apr. 4, 2020; effective Apr. 6, 2020) (Ex. AR-003); ADH Advisory for Travelers (Mar. 30, 2020) (Ex. AR-039); ADH Directive for Travelers from Hot Spot and International Locations (May 14, 2020) (Ex. AR-047); ADH Business Limitations Directive (Apr. 4, 2020; effective Apr. 6, 2020) (Ex. AR-041); ADH Business Limitations Directive (May 8, 2020) (Ex. AR-048); Phase 2 revision (June 15, 2020; converted to guidance Feb. 26, 2021) (Ex. AR-050); Executive Order 21-14 (July 29, 2021; expired Sept. 27, 2021) (Ex. AR-017); Arkansas Public Service Commission, Order No. 1, Docket No. 20-012-A (Apr. 10, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-003). ↩
  84. Pennsylvania, Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-002); Order of the Secretary of Health Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-003); Industry Operation Guidance: Life-Sustaining Business list (Mar. 19, 2020) (Ex. PA-004; Ex. SEC-09-007) (entries "Oil and Gas Extraction Yes," "Coal Mining No," "Metal Ore Mining No," "Nonmetallic Mineral Mining and Quarrying No," "Support Activites [sic] for Mining No," "Utility Subsystem Construction No," "Pipeline Transportation of Crude Oil Yes," "Pipeline Transportation of Natural Gas Yes"); Press release of Mar. 16, 2020 (Ex. PA-081) (context). ↩
  85. Pennsylvania, Secretary of Health Worker Safety Order (Apr. 15, 2020; effective Apr. 19, 2020) (Ex. PA-008); Order of the Secretary of Health Directing Mitigation Measures (July 15, 2020; effective July 16, 2020) (Ex. PA-016); Order of the Governor Directing Targeted Mitigation Measures (July 15, 2020) (Ex. PA-017); Updated Order of the Secretary of Health Requiring Universal Face Coverings (Nov. 17, 2020; effective Nov. 18, 2020) (Ex. PA-020); Order of the Secretary of Health for Mitigation Relating to Travel (Nov. 17, 2020; effective Nov. 20, 2020) (Ex. PA-021); Order of the Secretary of Health for Mitigation and Enforcement (Nov. 23, 2020; effective Nov. 27, 2020) (Ex. PA-022); Order of the Governor for Mitigation, Enforcement, and Immunity Protections (Nov. 23, 2020; effective Nov. 27, 2020) (Ex. PA-023); Order of the Acting Secretary Amending the November 23, 2020 Order (Mar. 1, 2021) (Ex. PA-031); Termination of the Order for Mitigation Relating to Travel (Mar. 1, 2021) (Ex. PA-032); Order of the Acting Secretary Amending the November 23, 2020 Order for Mitigation and Enforcement (Apr. 1, 2021; effective 12:01 a.m. Apr. 4, 2021; telework mandate lifted) (Ex. PA-033); Amendment to the Order of the Governor for Mitigation, Enforcement, and Immunity Protections (May 13, 2021; effective May 17, 2021; sunset 12:01 a.m. May 31, 2021) (Ex. PA-035); Order of the Acting Secretary Amending the November 23, 2020 Order (May 13, 2021; sunset 12:01 a.m. May 31, 2021; face-covering order preserved) (Ex. PA-036). ↩
  86. Pennsylvania Act 21 of 2021 (H.B. 854) (June 11, 2021; suspensions to Sept. 30, 2021) (Ex. PA-040); Act 73 of 2021 (H.B. 1861) (Sept. 30, 2021; to Mar. 31, 2022) (Ex. PA-043); Order of the Acting Secretary Directing Face Coverings in School Entities (Aug. 31, 2021; effective Sept. 7, 2021) (Ex. PA-042); PA-HAN-596 (Sept. 16, 2021) (Ex. PA-047); Pennsylvania PUC, PUC Enhances Utility Protections (Oct. 8, 2020; terminations permitted from Nov. 9, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-015). ↩
  87. West Virginia Proclamation (State of Emergency) (Mar. 16, 2020) (Ex. WV-001); Executive Order 2-20 (Mar. 18, 2020) (Ex. WV-002); Executive Order 9-20, Stay at Home Order (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. WV-009); Executive Order 14-20 (Mar. 30, 2020; effective Mar. 31, 2020) (Ex. WV-012); Executive Order 15-20 (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. WV-013); Executive Order 16-20 (Mar. 31, 2020; effective Apr. 1, 2020; prohibition of elective medical procedures) (Ex. WV-014); Executive Order 28-20 (Apr. 20, 2020; resumption of more urgent elective procedures on OHFLAC approval from Apr. 28, 2020) (Ex. WV-023); Executive Order 30-20 (Apr. 27, 2020; resumption conditioned on approved plans from Apr. 30, 2020) (Ex. WV-024); Executive Order 77-20 (Nov. 13, 2020; effective Nov. 14, 2020; Face Covering Order broadened) (Ex. WV-051); Executive Order 12-21 (Apr. 19, 2021; terminations effective Apr. 20, 2021; Face Covering Order kept in force) (Ex. WV-063); Executive Order 13-21 (Apr. 30, 2021) (Ex. WV-064); Executive Order 20-21 (June 18, 2021; Face Covering Order terminated 12:01 a.m. June 20, 2021) (Ex. WV-066); Monongalia County Health Department order (July 14, 2020) (Ex. WV-082). ↩
  88. Ohio Director's Stay at Home Order (Mar. 22, 2020) secs. 12(k), 15 (Ex. OH-011); Amended Director's Stay At Home Order (Apr. 2, 2020) (Ex. OH-014); Sub. S.B. 22 (134th G.A.) (effective June 23, 2021) (Ex. OH-045). ↩
  89. Kentucky Executive Order 2020-215 (Mar. 6, 2020) (Ex. KY-001); Executive Order 2020-257 (Mar. 25, 2020; effective Mar. 26, 2020) (Ex. KY-010); Executive Order 2020-258 (Mar. 30, 2020) (Ex. KY-011); Executive Order 2020-266 (Apr. 2, 2020) (Ex. KY-013); Executive Order 2020-315 (May 6, 2020) (Ex. KY-016); Executive Order 2020-323 (May 8, 2020; effective May 11, 2020) (Ex. KY-017); Healthy at Work Requirements for Office-Based Businesses, Version 1.0 (May 11, 2020) (Ex. KY-019); Executive Order 2021-386 (June 11, 2021) (Ex. KY-049); Administrative Order 2021-27 (Amended) (Aug. 9, 2021) (Ex. KY-058); Kentucky PSC, Order, Case No. 2020-00085 (Mar. 16, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-001); Order, Case No. 2020-00085 (Sept. 21, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-002). ↩
  90. Virginia Executive Order 53 (Mar. 23, 2020) (Ex. VA-004); Executive Order 55 (Mar. 30, 2020) (Ex. VA-006); 16VAC25-220, Emergency Temporary Standard (adopted July 15, 2020; effective July 27, 2020) (Ex. VA-036); 16VAC25-220, Final Permanent Standard (Jan. 13, 2021; effective Jan. 27, 2021) (Ex. VA-037); 16VAC25-220 amendments (effective Sept. 8, 2021) (Ex. VA-038); Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency (Aug. 4, 2021) (Ex. VA-041); Twenty-Eighth Order (Sept. 20, 2021) (Ex. VA-042). ↩
  91. Tennessee Executive Order 22 (Mar. 30, 2020) (Ex. TN-007); Executive Order No. 75 (Jan. 28, 2021; EO 74's limitations ended 11:59 p.m. Jan. 31, 2021) (Ex. TN-030); Executive Order 81 (May 28, 2021; in force 11:59 p.m. May 31 to July 30, 2021) (Ex. TN-033); Executive Order No. 83 (Aug. 6, 2021; in force to 11:59 p.m. Oct. 5, 2021) (Ex. TN-035); Executive Order 84 (Aug. 16, 2021; to Oct. 5, 2021) (Ex. TN-036); Executive Order No. 88 (issued Sept. 30, 2021; effective 11:59 p.m. Oct. 5, 2021; extending EO 83) (Ex. TN-037) (post-period; not counted). ↩
  92. North Dakota State Health Officer Confinement Order 2020-02 (Mar. 28, 2020) (Ex. ND-014); Confinement Order 2020-02.1 (Apr. 8, 2020) (Ex. ND-021); State Health Officer Order 2020-02.4 (Sept. 21, 2020) (revocation) (Ex. ND-056); Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004). ↩
  93. North Dakota State Health Officer Order 2020-08.1 (Dec. 9, 2020; to Jan. 18, 2021) (Ex. ND-066); Executive Order 2020-43.5 (Jan. 16, 2021; effective Jan. 18, 2021) (Ex. ND-074); Executive Order 2021-09 (Apr. 30, 2021) (Ex. ND-081); House Bill 1118 (2021) (Ex. ND-078); House Bill 1323 (2021) (effective Aug. 1, 2021) (Ex. ND-080); House Bill 1465 (2021) (signed May 7, 2021; effective May 10, 2021) (Ex. ND-082). ↩
  94. Montana Stay at Home Directive (Mar. 26, 2020; effective Mar. 28, 2020) (Ex. MT-009); Directive Implementing Executive Orders 2-2020 and 3-2020 (mandatory quarantine for travelers) (Mar. 30, 2020) (Ex. MT-010); Directive (limits on foreclosures, evictions and disconnections) (Mar. 30, 2020) (Ex. MT-011); Directive extending certain Directives through April 24, 2020 (Apr. 7, 2020) (Ex. MT-012); House Bill 702 (2021), Mont. Code Ann. 49-2-312 (May 7, 2021) (Ex. MT-072); Mont. Code Ann. 50-2-116 as amended 2021 (Ex. MT-073); Temporary Emergency Rule I, MAR Notice No. 37-960 (Aug. 31, 2021) (Ex. MT-042). ↩
  95. Wyoming Executive Order 2020-2 (Mar. 13, 2020; rescinded Mar. 15, 2022) (Ex. WY-001); Statewide Public Health Order #1 (Mar. 19, 2020; continued to May 31, 2021) (Ex. WY-004); Statewide Public Health Order #2 (Mar. 20, 2020; continued to May 31, 2021) (Ex. WY-005); Governor Directive for Individuals Arriving in Wyoming from Another State or Country (Apr. 3, 2020; lifted May 8, 2020) (Ex. WY-010); Fourth Continuation, and Modification, of Statewide Public Health Order #1 (May 13, 2020; effective May 15, 2020; seated service in groups of six) (Ex. WY-016); Fourth Continuation, and Modification, of Statewide Public Health Order #2 (May 13, 2020; effective May 15, 2020; gatherings of more than twenty-five forbidden) (Ex. WY-017); Statewide Public Health Order #4 (Dec. 7, 2020; effective Dec. 9, 2020) (Ex. WY-040); House Enrolled Act No. 93 (2021), W.S. 35-1-310 (effective July 1, 2021) (Ex. WY-055); WDH Guidance on Resuming Elective and Non-emergency Procedures (Apr. 24, 2020) (Ex. WY-011) (guidance; context). ↩
  96. Colorado Updated Notice of Public Health Order 20-22 (Mar. 16 and 19, 2020) (Ex. CO-004); Public Health Order 20-24, Implementing Fifty Percent Reduction in Nonessential Business In-Person Work (Mar. 22, 2020; effective Mar. 24, 2020) (Ex. CO-011); Second Updated Public Health Order 20-24, Implementing Stay at Home Requirements (Mar. 26, 2020) (Ex. CO-013); Third Updated Public Health Order 20-24 (Apr. 1, 2020) (Ex. CO-016); Fourth Updated Public Health Order 20-24 (Apr. 9, 2020; to Apr. 26, 2020) (Ex. CO-047). ↩
  97. Colorado Executive Order D 2020 044, Safer at Home (Apr. 26, 2020) (Ex. CO-019); Public Health Order 20-28, Safer at Home (Apr. 26, 2020) (Ex. CO-020); Executive Order D 2020 138 (July 16, 2020; effective July 17, 2020) (Ex. CO-031); Second Amended Public Health Order 20-36, COVID-19 Dial (Nov. 20, 2020) (Ex. CO-037); Ninth Amended Public Health Order 20-36 (Dial 3.0) (Mar. 23, 2021) (Ex. CO-057); Public Health Order 20-38, Limited COVID-19 Restrictions (Apr. 15, 2021; effective Apr. 16, 2021) (Ex. CO-051); Fourth Amended Public Health Order 20-38 (June 30, 2021; effective July 1, 2021) (Ex. CO-041); Fifth Amended Public Health Order 20-38 (July 30, 2021; effective Aug. 1, 2021) (Ex. CO-053); Sixth Amended Public Health Order 20-38 (Aug. 31, 2021; effective Sept. 1, 2021) (Ex. CO-091); Executive Order D 2021 122 (July 8, 2021) (Ex. CO-043); Executive Order D 2021 129 (Sept. 4, 2021) (Ex. CO-046). ↩
  98. Routt County Public Health Orders of Mar. 24, 2020 (Order One: lodging) (Ex. CO-079); Pitkin County Amended Notice of Public Health Order (Mar. 18, 2020) (Ex. CO-090); Colorado House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036). ↩
  99. Utah, The Governor's Coronavirus Directive for Utah, Stay Safe, Stay Home (Mar. 27, 2020; organizations from Mar. 30, 2020) (Ex. UT-004); Updated Directive (Apr. 10, 2020) (Ex. UT-009); Executive Order 2020-15 (Apr. 8, 2020; effective Apr. 10, 2020) (Ex. UT-007); Executive Order 2020-16 (Apr. 10, 2020; to May 1, 2020) (Ex. UT-008); State Public Health Order of April 14, 2020 (Ex. UT-010); Southeast Utah Health Department Public Health Order No. SEUHD 2020-5GC (Apr. 30, 2020; effective May 1, 2020) (Ex. UT-056); State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025); Executive Order 2020-73 (Nov. 8, 2020; effective Nov. 9, 2020) (Ex. UT-029); H.B. 294, Pandemic Emergency Powers Amendments (Mar. 24, 2021; mask termination Apr. 10, 2021; threshold termination May 4, 2021) (Ex. UT-040); State Public Health Order 2021-11 (May 4, 2021) (Ex. UT-043); Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050); Administrative Order reinstating a courthouse mask mandate (July 28, 2021; effective July 30, 2021) (Ex. UT-051). ↩
  100. Idaho Order to Self-Isolate (Mar. 25, 2020) (Ex. ID-003); Amended Order to Self-Isolate (Apr. 15, 2020) (Ex. ID-004); Stay Healthy Order, Stage 1 (May 1, 2020) (Ex. ID-005); Proclamation continuing the state of emergency (June 18, 2021) (Ex. ID-046); Proclamation (July 19, 2021) (Ex. ID-047); Executive Order 2021-11 (Aug. 31, 2021) (Ex. ID-030). ↩
  101. South Dakota Executive Order 2020-05 (Mar. 13, 2020) (Ex. SD-002); Executive Order 2020-08 (Mar. 23, 2020) (Ex. SD-005); Executive Order 2020-12 (Apr. 6, 2020) (Ex. SD-009); Executive Order 2020-13 (Apr. 6, 2020) (Ex. SD-010); Supreme Court of South Dakota, Order Declaring Judicial Emergency (Mar. 13, 2020) (Ex. SD-045); Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021) (Ex. SD-088). ↩
  102. Nebraska Directed Health Measure Order 2020-002 (Mar. 25, 2020) (Ex. NE-003); Outline of Changes to Upcoming DHMs Phase II (May 21, 2020) (Ex. NE-012); Directed Health Measure Order 2020-NEHD-002 (June 1, 2020) (Ex. NE-013); Directed Health Measure Order 2020-LLHD-005 (July 6, 2020) (Ex. NE-016); Directed Health Measure Order 2020-DCHD-005 (Aug. 1, 2020) (Ex. NE-017); Directed Health Measure Order 2020-WCHD-023 (Mar. 16, 2021) (Ex. NE-028); Executive Order 21-12 (Aug. 26, 2021) (Ex. NE-068). ↩
  103. Alaska COVID-19 Health Mandate 003 (Mar. 17, 2020) (Ex. AK-005); Health Mandate 010 (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. AK-012); Health Mandate 012 (Mar. 27, 2020; effective Mar. 28, 2020) (Ex. AK-014); Essential Services and Critical Workforce Infrastructure Order (Mar. 27, 2020; as amended May 5, 2020) (Ex. AK-021). ↩
  104. Alaska Health Mandate 010 as revised June 5, 2020 (Ex. AK-038); as revised Aug. 6, 2020 (effective Aug. 11, 2020) (Ex. AK-039); as revised Oct. 15, 2020 (Ex. AK-022); Outbreak Health Order No. 6 (Nov. 15, 2020; effective Nov. 16, 2020; lapsed Feb. 14, 2021) (Ex. AK-035); Anchorage Emergency Order EO-11 (June 5, 2020) (Ex. AK-069); Emergency Order EO-17 (Dec. 29, 2020) (Ex. AK-075); DHSS COVID-19 Public Health Emergency (Apr. 30, 2021; effective May 1, 2021) (Ex. AK-030); Addendum No. 1 (Crisis Standards of Care) (Sept. 21, 2021) (Ex. AK-031); Special Order of the Chief Justice No. 8322 (Aug. 31, 2021) (Ex. AK-060). ↩
  105. California Proclamation of a State of Emergency (Mar. 4, 2020) (Ex. CA-001); Executive Order N-33-20 (Mar. 19, 2020; rescinded June 15, 2021) (Ex. CA-002; Ex. CA-007); Essential Critical Infrastructure Workers list (Mar. 22, 2020) (Ex. CA-008); Regional Stay at Home Order (Dec. 3, 2020) (Ex. CA-020); Supplement to the Regional Stay at Home Order (Dec. 6, 2020) (Ex. CA-021); Cal/OSHA COVID-19 Prevention Emergency Temporary Standard (effective Nov. 30, 2020) (Ex. CA-023); Finding of Emergency (Nov. 19, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-002); Executive Order N-84-20 (Dec. 14, 2020) (Ex. CA-022); AB 685 (effective Jan. 1, 2021) (Ex. CA-065); Cal/OSHA ETS readoption (June 17, 2021) (Ex. CA-024); State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (effective June 15, 2021) (Ex. CA-029). ↩
  106. Nevada Declaration of Emergency (Mar. 12, 2020) (Ex. NV-001); Declaration of Emergency Directive 003 (Mar. 20, 2020) (Ex. NV-004); Directive 047 (July 27, 2021; effective July 30, 2021) (Ex. NV-041); Directive 048 (Aug. 4, 2021) (Ex. NV-042); Updated Nevada COVID-19 Guidance: Delta Variant, Vaccinations and Masks (July 29, 2021) (Ex. NV-067) (context); Nevada OSHA updated guidance under Directive 047 (July 30, 2021) (Ex. NV-060) (context). ↩
  107. Washington Proclamation 20-05 (Feb. 29, 2020) (Ex. WA-001); Proclamation 20-25, Stay Home - Stay Healthy (Mar. 23, 2020) (Ex. WA-016); Essential Critical Infrastructure Workers list (Proclamation 20-25 Appendix) (Ex. WA-017); Proclamation 20-23 (Mar. 18, 2020; extended through Sept. 30, 2021) (Ex. WA-014); Proclamation 20-83 (Dec. 21, 2020) (Ex. WA-054); Proclamation 20-83.2 (Apr. 6, 2021) (Ex. WA-061); Order of the Secretary of Health 20-03.3 (June 29, 2021; effective June 30, 2021) (Ex. WA-070); Order of the Secretary of Health 20-03.4 (Aug. 19, 2021; effective Aug. 23, 2021) (Ex. WA-078); Proclamation 20-25.14, Washington Ready (July 1, 2021) (Ex. WA-072); Proclamation 20-25.15 (Aug. 20, 2021; effective Aug. 23, 2021) (Ex. WA-080); Proclamation 21-14 (Aug. 9, 2021) (Ex. WA-077); Proclamation 21-14.1 (Aug. 20, 2021) (Ex. WA-079); Proclamation 21-14.2 (Sept. 27, 2021) (Ex. WA-087); WAC 296-800-14035 (adopted May 26, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. AGY-ST-LABOR-WORKPLACE-078); readoptions of July 6, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-054), Aug. 23, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-055) and Sept. 20, 2021 (Ex. AGY-ST-LABOR-WORKPLACE-056). ↩
  108. Confederated Tribes and Bands of the Yakama Nation, Public Safety Order No. 3 (June 26, 2020) (Ex. AGY-TRIBAL-054). ↩
  109. Oregon Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007); Oregon OSHA Administrative Order 3-2020, OAR 437-001-0744 (Nov. 6, 2020; effective Nov. 16, 2020) (Ex. OR-032); Administrative Order 2-2021 (May 4, 2021) (Ex. OR-041); Administrative Order 5-2021 (June 30, 2021) (Ex. OR-044); Administrative Order 12-2021 (Sept. 14, 2021; effective Sept. 16, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021); Executive Order 21-15 (June 25, 2021; effective June 30, 2021) (Ex. OR-043); OAR 333-019-1025 (temporary rule PH 35-2021; effective Aug. 13, 2021; outdoor from Aug. 27, 2021) (Ex. OR-048); OAR 333-019-1015 (Aug. 2, 2021) (Ex. OR-045). ↩
  110. Hawaii Second Supplementary Proclamation (Mar. 21, 2020; effective Mar. 26, 2020) (Ex. HI-003; Ex. ECO-C-010); Third Supplementary Proclamation (Mar. 23, 2020; effective Mar. 25, 2020) (Ex. HI-004); Safe Travels pre-travel testing (Oct. 15, 2020) (Ex. ECO-C-011); Twenty-First Proclamation (June 7, 2021; to Aug. 6, 2021) (Ex. HI-023); Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024); Executive Order No. 21-05 (Aug. 10, 2021) (Ex. HI-025). ↩
  111. Minnesota Emergency Executive Order 20-20 (Mar. 25, 2020; effective Mar. 27, 2020) (Ex. MN-010); Emergency Executive Order 20-33 (Apr. 8, 2020) (Ex. MN-012); Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. MN-017); Emergency Executive Order 21-11 (Mar. 12, 2021; telework mandate to Apr. 14, 2021) (Ex. MN-037); Laws of Minnesota 2021, First Special Session, ch. 12, art. 2, sec. 23 (termination effective July 1, 2021) (Ex. MN-041); Laws of Minnesota 2021, First Special Session, ch. 8, art. 5 (Ex. MN-042); Emergency Executive Order 20-10 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-031). ↩
  112. Michigan Executive Order 2020-21 (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. MI-011); Executive Order 2020-77 (May 7, 2020; manufacturing from May 11, 2020) (Ex. MI-026); MIOSHA Emergency Rules, Coronavirus Disease 2019 (Oct. 14, 2020) (Ex. MI-054); see MIOSHA presentation, COVID-19 MIOSHA Emergency Rules: Getting Open, Staying Open (Oct. 22, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-049) (the agency's presentation describing the emergency rules effective Oct. 14, 2020; context); MIOSHA Emergency Rules as amended and refiled May 24, 2021 (rescinded June 22, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-062); 2020 PA 238, COVID-19 Employment Rights Act (Oct. 22, 2020) (Ex. MI-057); Executive Order 2020-28 (Mar. 28, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-013). ↩
  113. Illinois Executive Order 2020-10 (Mar. 20, 2020; effective Mar. 21, 2020) (Ex. IL-005); Executive Order 2020-18 (Apr. 1, 2020) (Ex. IL-009); Gubernatorial Disaster Proclamation (June 25, 2021) (Ex. IL-047); Gubernatorial Disaster Proclamation (Sept. 17, 2021) (Ex. IL-046); Executive Order 2021-18 (Aug. 4, 2021) (Ex. IL-040); Executive Order 2021-20 (Aug. 26, 2021; face coverings from Aug. 30, 2021) (Ex. IL-042); Executive Order 2021-22 (Sept. 3, 2021; superseding EO 2021-20; employer duty in indoor workplaces; vaccination or testing from Sept. 19, 2021) (Ex. IL-043); Executive Order 2021-23 (Sept. 17, 2021; re-issuing the COVID-19 executive orders through Oct. 16, 2021) (Ex. IL-044); Illinois Commerce Commission, Letter to Regulatory Representatives of Illinois Public Utilities (Mar. 13, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-009); Commissioners Urge Utilities to Extend Moratorium on Disconnections through Winter 2021 (Sept. 9, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-010). ↩
  114. Indiana Executive Order 20-05 (Mar. 19, 2020; disconnections suspended) (Ex. IN-004); Executive Order 20-08, Directive for Hoosiers to Stay at Home (Mar. 23, 2020; effective 11:59 p.m. Mar. 24, 2020) (Ex. IN-006); Executive Order 20-18 (Apr. 6, 2020; to Apr. 20, 2020; EO 20-22 to May 1, 2020) (Ex. IN-016); Executive Order 20-33 (June 30, 2020) (Ex. IN-031); Executive Order 21-09 (Mar. 31, 2021; modified directives from Apr. 6, 2021) (Ex. IN-059); Executive Order 21-17 (June 30, 2021; effective July 1, 2021) (Ex. IN-066); Executive Order 21-22 (Aug. 30, 2021; effective Aug. 31, 2021; to Sept. 30, 2021) (Ex. IN-069); Executive Order 21-24 (Sept. 1, 2021; effective Sept. 2, 2021; to Sept. 30, 2021) (Ex. IN-071); Executive Order 21-27 (signed Sept. 30, 2021; effective 12:01 a.m. Oct. 1, 2021) (Ex. IN-073) (post-period; not counted); COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021) (Ex. IN-092). ↩
  115. Wisconsin Emergency Order #12, Safer at Home (Mar. 24, 2020; effective Mar. 25, 2020) (Ex. WI-002); Emergency Order #28 (Apr. 16, 2020; effective Apr. 24, 2020; set aside May 13, 2020) (Ex. WI-003); Wis. Stat. ch. 252 (Ex. WI-039); Supreme Court of Wisconsin, Order of May 21, 2021 (Ex. WI-029). ↩
  116. Iowa Proclamation of Disaster Emergency (Mar. 26, 2020; nonessential medical and dental services suspended; retail closures) (Ex. IA-005); Proclamation (Apr. 6, 2020; additional establishment closures) (Ex. IA-008); Proclamation (Apr. 16, 2020; Region 6 household protection and employee and public protection) (Ex. IA-010); Proclamation of Disaster Emergency (July 23, 2021) (Ex. IA-039); Proclamation (Sept. 17, 2021) (Ex. IA-041); Missouri DHSS Director's Order of April 3, 2020 (Stay Home Missouri) (effective Apr. 6, 2020) (Ex. MO-004); Executive Order 21-07 (Mar. 26, 2021) (Ex. MO-018); Executive Order 21-09 (Aug. 27, 2021) (Ex. MO-020). ↩
  117. New York, Guidance on Executive Order 202.6 (Mar. 20, 2020; as updated Oct. 23, 2020) (Ex. NY-090); ESD guidance under EO 202.6 on the enterprises permitted to operate (construction revision Mar. 27, 2020) (Ex. SEC-09-001); Executive Order 205 (June 24, 2020; effective June 25, 2020) (Ex. NY-006); Executive Order 205.3 (Dec. 30, 2020) (Ex. NY-048); Chapter 108 of the Laws of 2020 (S.8113-A) (June 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-006); Chapter 106 of the Laws of 2021 (S.1453-A) (May 11, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-007); 10 NYCRR Subpart 66-3 (emergency rule May 26, 2021) (Ex. NY-134); (emergency readoption June 23, 2021) (Ex. NY-133); 10 NYCRR 2.61 (emergency rule Aug. 26, 2021) (Ex. NY-071). ↩
  118. New Jersey Executive Order No. 103 (Mar. 9, 2020) (Ex. NJ-001); Executive Order No. 122 (Apr. 8, 2020; effective Apr. 10, 2020) (Ex. NJ-011); Executive Order No. 192 (Oct. 28, 2020; effective Nov. 5, 2020) (Ex. NJ-036); Executive Order No. 242 (May 24, 2021; general mask and capacity rules lifted May 28 and June 4, 2021; masking and distancing of unvaccinated or unverified employees continued) (Ex. NJ-050); Executive Order No. 243 (May 26, 2021; effective June 4, 2021) (Ex. NJ-051); Executive Order No. 244 (June 4, 2021; Public Health Emergency terminated; State of Emergency continued) (Ex. NJ-052); P.L. 2021, c. 103 (June 4, 2021) (Ex. NJ-053); Executive Order No. 190 (Oct. 15, 2020) (Ex. NJ-059); Executive Order No. 246 (June 14, 2021) (Ex. NJ-061); Executive Order No. 252 (Aug. 6, 2021; vaccination-or-testing requirement effective Sept. 7, 2021) (Ex. NJ-056). ↩
  119. Connecticut Executive Order 7H (Mar. 20, 2020; effective Mar. 23, 2020) (Ex. CT-007); Executive Order 7T (Apr. 2, 2020) (Ex. CT-013); Executive Order 7III (July 21, 2020; effective July 24, 2020) (Ex. CT-023); Executive Order 9B (Sept. 15, 2020) (Ex. CT-028); PURA order, Docket No. 20-03-15 (Mar. 12, 2020) (Ex. CT-065; Ex. AGY-ST-UTILITIES-HOUSING-AG-008); DPH rule, Conditions and Environments Requiring Universal Masking (May 20, 2021) (Ex. CT-047); Renewed Declarations of Public Health and Civil Preparedness Emergencies (July 13, 2021; effective July 21, 2021) (Ex. CT-048); Executive Order 13A (Aug. 5, 2021) (Ex. CT-050). ↩
  120. Massachusetts COVID-19 Order No. 13 (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. MA-008); COVID-19 Order No. 45 (July 24, 2020; effective Aug. 1, 2020) (Ex. MA-025); Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (Ex. MA-049); Order of the Commissioner of Public Health Regarding Face Coverings (May 28, 2021) (Ex. MA-050); COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (Ex. MA-054). ↩
  121. Rhode Island Executive Order 20-13 (Mar. 28, 2020) (Ex. RI-009); Executive Order 20-14 (Mar. 28, 2020) (Ex. RI-010); Executive Order 20-71 (Sept. 2, 2020) (Ex. RI-024); Executive Order 21-26 (Mar. 19, 2021) (Ex. RI-036); Executive Order 21-57 (May 21, 2021) (Ex. RI-040); Executive Order 21-68 (June 18, 2021) (Ex. RI-043); Executive Order 21-78 (July 14, 2021) (Ex. RI-049); Executive Order 21-84 (Aug. 12, 2021) (Ex. RI-052); Executive Order 21-93 (Sept. 1, 2021) (Ex. RI-059); Executive Order 21-94 (Sept. 2, 2021) (Ex. RI-060); Executive Order 21-100 (Sept. 30, 2021) (Ex. RI-066); 216-RICR-50-15-7 (May 8, 2020) (Ex. RI-069); 216-RICR-50-15-7 (emergency amendment June 18, 2021) (Ex. RI-071). ↩
  122. Vermont Addendum 6 to Executive Order 01-20 (Mar. 24, 2020) (Ex. VT-010); Addendum 7 (Mar. 30, 2020) (Ex. VT-012); Addendum 11 (Apr. 24, 2020) (Ex. VT-016); Addendum 12 (May 1, 2020) (Ex. VT-017); Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034); updated (Nov. 20, 2020) (Ex. VT-035); Governor's release announcing the pause of the Safe Travel policy and the universal quarantine (Nov. 10, 2020) (Ex. VT-080) (context); Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044); COVID-19 Advisory Memorandum, Contact Tracing for Fall 2021 (Aug. 19, 2021) (Ex. VT-074). ↩
  123. New Hampshire Exhibit A to Emergency Order #17 (Mar. 26, 2020; effective Mar. 27, 2020) (Ex. NH-010); Emergency Order #27 (Apr. 6, 2020) (Ex. NH-013); Exhibit A to Emergency Order #52, Universal Guidelines for All New Hampshire Employers and Employees (June 15, 2020; effective June 16, 2020; to May 7, 2021) (Ex. NH-022); Emergency Order #72 (Nov. 14, 2020) (Ex. NH-027); Emergency Order #90 (Apr. 16, 2021; to May 7, 2021) (Ex. NH-038); COVID-19 Self-Isolation Guide (Aug. 27, 2020) (Ex. NH-063); School and Childcare Toolkit 2021-2022 (Aug. 11, 2021) (Ex. NH-066). ↩
  124. Maine Executive Order 19 FY 19/20 (Mar. 24, 2020) (Ex. ME-007); Executive Order 28 FY 19/20 (Mar. 31, 2020) (Ex. ME-011); Executive Order 34 FY 19/20 (Apr. 3, 2020) (Ex. ME-013); Executive Order 57 FY 19/20 (Keep Maine Healthy) (June 9, 2020) (Ex. ME-026); Executive Order 40 FY 20/21 (June 30, 2021) (Ex. ME-060); 10-144 C.M.R. ch. 264, emergency rule (Aug. 12, 2021) (Ex. ME-061). ↩
  125. Delaware Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020; effective Mar. 24, 2020) (Ex. DE-005); Fifth Modification (Mar. 22, 2020) (Ex. DE-006); Seventh Modification (Mar. 29, 2020; effective Mar. 30, 2020) (Ex. DE-010); Tenth Modification (Apr. 6, 2020; effective Apr. 7, 2020) (Ex. DE-013); Twenty-Ninth Modification (May 18, 2021; to July 13, 2021) (Ex. DE-038); DDOE Emergency Order (Aug. 13, 2021) (Ex. DE-045); DHSS Emergency Secretary's Order (Sept. 10, 2021) (Ex. DE-055). ↩
  126. Maryland Order of the Governor No. 20-03-23-01 (Mar. 23, 2020) (Ex. MD-005); Interpretive Guidance COVID19-04 (Mar. 23, 2020) (Ex. MD-006); Order of the Governor No. 20-03-30-01 (Mar. 30, 2020) (Ex. MD-007); Order of the Governor No. 20-12-17-01 (Dec. 17, 2020) (Ex. MD-023); MDH Amended Directive and Order No. MDH 2020-12-17-01 (Ex. MD-050); Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031); MDH Amended Directive and Order No. MDH 2021-06-15-03 (June 15, 2021) (Ex. MD-055); No. MDH 2021-09-08-02 (Sept. 8, 2021) (Ex. MD-061). ↩
  127. District of Columbia Mayor's Order 2020-053 (Mar. 24, 2020) (Ex. DC-005); Mayor's Order 2020-054 (Mar. 30, 2020; effective Apr. 1, 2020) (Ex. DC-006); Mayor's Order 2020-081 (July 24, 2020; effective July 27, 2020) (Ex. DC-081); Mayor's Order 2020-110 (Nov. 6, 2020) (Ex. DC-012); Mayor's Order 2021-096 (July 24, 2021) (Ex. DC-021); Mayor's Order 2021-097 (July 29, 2021; effective July 31, 2021) (Ex. DC-057). ↩
  128. North Carolina Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001); Executive Order No. 121 (Mar. 27, 2020; effective Mar. 30, 2020) (Ex. NC-005); Executive Order No. 124 (Mar. 31, 2020) (Ex. NC-006); Executive Order No. 142 (May 30, 2020) (Ex. NC-012); Executive Order No. 147 (June 24, 2020; effective June 26, 2020; statewide face coverings) (Ex. NC-013); Executive Order No. 220 (June 11, 2021) (Ex. NC-030); Executive Order No. 224 (July 29, 2021) (Ex. NC-031); Executive Order No. 230 (Aug. 31, 2021) (Ex. NC-066). ↩
  129. South Carolina Executive Order No. 2020-14 (Mar. 27, 2020) (Ex. SC-007); Executive Order No. 2020-19 (Apr. 3, 2020) (Ex. SC-012); Executive Order No. 2020-21 (Apr. 6, 2020; effective Apr. 7, 2020) (Ex. SC-013); Act No. 94 of 2021, Part IB, Provisos 1.108 and 117.190 (Ex. SC-045); Supreme Court of South Carolina, Order re Operation of the Trial Courts (as amended June 15, 2021) (Ex. SC-054); extension of July 30, 2021 (Ex. SC-055). ↩
  130. Georgia Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. GA-010); Executive Order 04.08.20.04 (Apr. 8, 2020; effective Apr. 9, 2020) (Ex. GA-014); Executive Order 06.30.21.01 (June 30, 2021) (Ex. GA-041); Executive Order 07.22.21.01 (July 22, 2021) (Ex. GA-059); Executive Order 08.19.21.01 (Aug. 19, 2021) (Ex. GA-060); Executive Order 08.19.21.03 (Aug. 19, 2021) (Ex. GA-043); Executive Order 08.30.21.01 (Aug. 30, 2021) (Ex. GA-045); Executive Order 09.20.21.01 (Sept. 20, 2021) (Ex. GA-046). ↩
  131. Harris County Declaration of Local Disaster for Public Health Emergency (Mar. 11, 2020) (Ex. MET-HOU-001); Order of the County Judge: Stay Home, Work Safe (Mar. 24, 2020) (Ex. MET-HOU-005); Order Extending and Amending the Stay Home, Work Safe Order (Apr. 3, 2020; to Apr. 30, 2020) (Ex. MET-HOU-006); City of Houston Executive Order: Exercise of Mayor's Emergency Authority (Mar. 11, 2020) (Ex. MET-HOU-042). ↩
  132. Order of the County Judge Regarding Health and Safety Policy and Face Coverings (June 19, 2020; effective June 22, 2020) (Ex. MET-HOU-016); Amended Order (July 1, 2020) (Ex. MET-HOU-020); Order Extending Amended Order (Aug. 26, 2020) (Ex. MET-HOU-023); City of Houston Fourth Amended Order Prohibiting Certain Large Gatherings (June 29, 2020) (Ex. MET-HOU-043); Joint Control Order Regarding Public Schools (July 24, 2020) (Ex. MET-HOU-040). ↩
  133. Order Requiring Fever and Health Screening and Face Coverings in County Owned or Controlled Buildings (May 25, 2021) (Ex. MET-HOU-037); County Judge's Eighth Order (Aug. 17, 2021) (Ex. MET-HOU-039); Order of the Local Health Authority for Harris County Regarding Public Schools (Aug. 12, 2021) (Ex. MET-HOU-038; Harris County Public Health's release announcing it, Ex. MET-HOU-041, context); Order of the Harris County Local Administrative Judge Concerning Additional Health and Safety Protocols (Aug. 11, 2021; effective Aug. 12, 2021) (Ex. MET-HOU-052); Amended Order (Aug. 17, 2021) (Ex. MET-HOU-053); Modification of COVID-19 Operating Plan (Mar. 15, 2021) (Ex. MET-HOU-051); Second Re-Adoption of the COVID-19 Operating Plan (Sept. 30, 2021) (Ex. MET-HOU-054); METRO Board Chair letter and fact sheet (May 18, 2020) (Ex. MET-HOU-058). ↩
  134. Port of Corpus Christi Authority releases of Mar. 23 and Mar. 25, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-060; Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-061); Port Freeport COVID-19 page as of Apr. 22, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-062). ↩
  135. Dallas County Declaration of Local Disaster (Mar. 12, 2020) (Ex. MET-DFW-001); Amended Order of the County Judge, Stay Home Stay Safe (Mar. 22, 2020; effective Mar. 23, 2020) (Ex. MET-DFW-005); Safer At Home Order (Apr. 16, 2020; face coverings from Apr. 17, 2020) (Ex. MET-DFW-013); Supplemental Order on Reopened Services (May 4, 2020) (Ex. MET-DFW-017); Amended Supplemental Order on Continuing Requirements (June 19, 2020) (Ex. MET-DFW-021); Supplemental Orders of Aug. 4, 2020 (Ex. MET-DFW-023; Ex. MET-DFW-024); Release: TSA E triggers (Dec. 3, 2020) (Ex. MET-DFW-027); DSHS letter to the Tarrant County Judge (Dec. 2020) (Ex. MET-DFW-051); Tarrant County Executive Order (stay at home) (Mar. 24, 2020) (Ex. MET-DFW-042); Order on Required Use of a Face Mask in Certain Public Space (Aug. 11, 2021) (Ex. MET-DFW-028); Order Modifying (Aug. 16, 2021) (Ex. MET-DFW-031); City of Dallas Twelfth Amended Emergency Regulations, Ordinance No. 31865 (May 19, 2021) (Ex. MET-DFW-037); Eighth Amended Declaration of Local Disaster (Sept. 29, 2021) (Ex. MET-DFW-055); Abbott v. Jenkins, No. 05-21-00733-CV, order of Sept. 27, 2021 (Ex. MET-DFW-095); opinion, 665 S.W.3d 675 (Tex. App.--Dallas Nov. 22, 2021) (Ex. MET-DFW-096). ↩
  136. Trinity Metro, Notice: Federal face mask order enforced (Feb. 2, 2021) (Ex. MET-DFW-094). ↩
  137. City of San Antonio Emergency Order No. 5 with Exhibit 1 Stay Home Work Safe (Mar. 23, 2020) (Ex. MET-SAT-006); Bexar County Executive Order NW-03 (Mar. 23, 2020) (Ex. MET-SAT-007); Eighth Declaration of Public Health Emergency (June 4, 2020) (Ex. MET-SAT-023); Executive Order NW-10 (June 17, 2020) (Ex. MET-SAT-025); Executive Order NW-12 (July 1, 2020) (Ex. MET-SAT-031); Executive Order NW-13 (July 15, 2020) (Ex. MET-SAT-034); Executive Order NW-17 (Nov. 25, 2020) (Ex. MET-SAT-051); Executive Order NW-19 (Dec. 28, 2020) (Ex. MET-SAT-055); Executive Order NW-20 (Mar. 9, 2021; effective Mar. 10, 2021) (Ex. MET-SAT-059); Executive Order NW-21 (Aug. 10, 2021) (Ex. MET-SAT-067); Fourteenth Addendum to 8th Declaration (Aug. 11, 2021) (Ex. MET-SAT-068); Health Directive (Aug. 10, 2021) (Ex. MET-SAT-066); Special Order suspending in-person jury service (Aug. 4, 2021) (Ex. MET-SAT-063); VIA release (Mar. 3, 2021) (Ex. MET-SAT-058). ↩
  138. CPS Energy, Statement of Mar. 11, 2020 (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-041) (the utility's own announcement; context, not an order). ↩
  139. City of Austin Stay Home - Work Safe Order No. 20200324-007 (Mar. 24, 2020) (Ex. MET-AUS-003); Order No. 20200413-009 (Apr. 13, 2020; to May 8, 2020) (Ex. MET-AUS-004); Travis County Judge Orders No. 2020-5 and 2020-7 (Ex. MET-AUS-039; Ex. MET-AUS-040); Stay Home, Mask, and Otherwise Be Safe Orders No. 20200702-017 (July 2, 2020) (Ex. MET-AUS-010), No. 20201215-021 (Dec. 15, 2020) (Ex. MET-AUS-013) and No. 20210216-026 (Feb. 16, 2021; to Apr. 21, 2021) (Ex. MET-AUS-017); Travis County Commissioners Court Resolution and Renewal (Mar. 9, 2021) (Ex. MET-AUS-047); County Judge Order 2021-09 (Aug. 11, 2021) (Ex. MET-AUS-052); Mask to be Safe at City Facilities Order No. 20210811-033 (Aug. 11, 2021) (Ex. MET-AUS-024); Health Authority Rules (Aug. 11, 2021) (Ex. MET-AUS-030); Fourth Amended Emergency Order Regarding COVID-19 (Mar. 1, 2021) (Ex. MET-AUS-062); Orders on notices to vacate (July 30, 2021) (Ex. MET-AUS-022; Ex. MET-AUS-059). ↩
  140. Ex. SEC-23-001. ↩
  141. City of Austin Utilities, suspension of disconnects (Mar. 13, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-071) (the utility's own announcement; context, not an order). ↩
  142. Denver Stay at Home Public Health Order (Mar. 23, 2020; effective Mar. 24, 2020) (Ex. MET-DEN-005); Amended Stay at Home Public Health Order (Mar. 26, 2020) (Ex. MET-DEN-006); Order of Apr. 24, 2020 extending the State order in Denver to May 8, 2020 (Ex. MET-DEN-007); Home by 10 Public Health Order (Nov. 6, 2020; effective Nov. 8, 2020) (Ex. MET-DEN-028); Level Red order (Nov. 20, 2020) (Ex. MET-DEN-039); DDPHE order of Apr. 16, 2021 (Ex. MET-DEN-014); order of July 1, 2021 (Ex. MET-DEN-021); order of Aug. 2, 2021 (Ex. MET-DEN-022); order of Sept. 3, 2021 (Ex. MET-DEN-026); Public Health Order requiring vaccination of personnel of certain entities (Aug. 2, 2021) (Ex. MET-DEN-023); Amended order (Sept. 1, 2021) (Ex. MET-DEN-025); school and child-care mask order (Aug. 17, 2021) (Ex. MET-DEN-024). ↩
  143. Boulder County Public Health Order 2021-04 (Apr. 12, 2021; effective Apr. 16, 2021) (Ex. MET-DEN-030); Order 2021-07 (Aug. 9, 2021) (Ex. MET-DEN-032); Order 2021-08 (Sept. 2, 2021; effective Sept. 3, 2021) (Ex. MET-DEN-033); Tri-County Health Department Dial Adoption Order (Apr. 9, 2021; effective Apr. 16, 2021) (Ex. MET-DEN-079); school mask orders (Aug. 18 and Sept. 1, 2021) (Ex. MET-DEN-081; Ex. MET-DEN-082); Jefferson County First Amended Order 21-001 (Apr. 20, 2021) (Ex. MET-DEN-106); Second Amended Order 21-001 (Aug. 13, 2021) (Ex. MET-DEN-103); First Amended Order 21-002 (Aug. 28, 2021) (Ex. MET-DEN-102); First Judicial District Chief Judge Order 2021-07 (July 30, 2021) (Ex. MET-DEN-058); Seventeenth Judicial District Ninth Amended Administrative Order (Nov. 23, 2020) (Ex. MET-DEN-065); Addendum 7 (July 30, 2021) (Ex. MET-DEN-066); RTD service reduction (Apr. 19, 2020) (Ex. MET-DEN-043); RTD face-covering requirement (July 13, 2020) (Ex. MET-DEN-046); RTD capacity limits lifted, masks retained (June 13, 2021) (Ex. MET-DEN-047); RTD, Face coverings still required on RTD (July 15, 2021) (Ex. MET-DEN-034). ↩
  144. City of Pittsburgh Declaration of Disaster Emergency (Mar. 13, 2020) (Ex. MET-PIT-009); Executive Order No. 2020-001 (Mar. 13, 2020) (Ex. MET-PIT-010); Executive Order No. 2020-002 (Mar. 16, 2020) (Ex. MET-PIT-011); ACHD COVID-19 Control Measure Orders of July 2, 2020 (Ex. MET-PIT-002), July 8, 2020 (Ex. MET-PIT-004) and July 17, 2020 (to Sept. 24, 2020) (Ex. MET-PIT-006); Amended Fifth Judicial District Emergency Operations Plan (Mar. 26, 2020) (Ex. MET-PIT-017); Temporary Amendment (May 25, 2021) (Ex. MET-PIT-032); Resumption of Normal Court Operations, AD-21-92-PJ (July 1, 2021) (Ex. MET-PIT-034); Fifth Judicial District Masking Requirements, AD-21-118 (Aug. 9, 2021; effective Aug. 10, 2021) (Ex. MET-PIT-036); Request for Emergency Judicial Order (Aug. 26, 2021; granted Aug. 30, 2021; to Oct. 1, 2021) (Ex. MET-PIT-037); Order of Aug. 31, 2021, AD-21-128 (Ex. MET-PIT-040); Ordinance 41 of 2020 (Dec. 8, 2020) (Ex. MET-PIT-046); Ordinance 23 of 2021 (July 27, 2021) (Ex. MET-PIT-055); Ordinances 6 and 12 of 2021 (Ex. MET-PIT-047; Ex. MET-PIT-054); County workforce directive (Aug. 5, 2021) (Ex. MET-PIT-051); ACHD Isolation and Quarantine Basics (Aug. 24, 2021) (Ex. MET-PIT-014); Port Authority face-covering requirement (Ex. MET-PIT-042). ↩
  145. City of New Orleans Mayoral Proclamation of a State of Emergency (Mar. 11, 2020) (Ex. MET-MSY-001); Mayoral Proclamation to Promulgate Emergency Orders (Mar. 16, 2020; effective Mar. 17, 2020) (Ex. MET-MSY-002); Health Department Guidelines and Stay at Home Directives (Mar. 20, 2020) (Ex. MET-MSY-003); Mayoral Proclamations of Apr. 15, 2020 (Ex. MET-MSY-004) and May 15, 2020 (Ex. MET-MSY-005); Modified Phase Two guidelines (Nov. 25, 2020) (Ex. MET-MSY-015); Reopening Guidelines (May 28, 2021) (Ex. MET-MSY-025); Reopening Guidelines (July 31, 2021) (indoor mask mandate) (Ex. MET-MSY-027); Public Health Advisory (July 31, 2021) (Ex. MET-MSY-028); Reopening Guidelines (Aug. 13, 2021; effective Aug. 16, 2021) (Ex. MET-MSY-029); Public Health Advisory (Aug. 12, 2021) (Ex. MET-MSY-030); Executive Order LC 21-05, Safety Practices of City Employees and Public-Facing Contracted Personnel (Aug. 19, 2021; vaccination-or-testing requirements effective Aug. 30, 2021) (Ex. MET-MSY-032); RTA notice (Feb. 1, 2021) (Ex. MET-MSY-037). ↩
  146. Jefferson Parish Proclamation Number 10 CLS 2020 (July 1, 2020) (Ex. MET-MSY-054); Proclamation Number 7 CLS 2021 (Apr. 28, 2021) (Ex. MET-MSY-060); Proclamation Number 8 CLS 2021 (May 15, 2021) (Ex. MET-MSY-061); Proclamation Number 11 CLS 2021 (June 23, 2021) (Ex. MET-MSY-062); Proclamation Number 13 CLS 2021 (Aug. 3, 2021; effective Aug. 4, 2021) (Ex. MET-MSY-063); Mayor-President of the City of Baton Rouge and Parish of East Baton Rouge, Executive Order No. SWB 2020-07-01 (No Mask - No Service) (July 1, 2020; effective July 3, 2020) (Ex. MET-MSY-073); Jefferson Transit rider notice (May 15, 2020) (Ex. MET-MSY-066). ↩
  147. Clark County Declaration of Emergency (Mar. 15, 2020) (Ex. MET-LAS-002); emergency ordinance adding Clark County Code 3.04.065 (Apr. 21, 2020) (Ex. MET-LAS-026); Local Mitigation and Enforcement Plan (Apr. 20, 2021; effective May 1, 2021) (Ex. MET-LAS-003); Revision terminating the plan June 1, 2021 (May 18, 2021) (Ex. MET-LAS-005); emergency mitigation measure of July 20, 2021 (effective July 22, 2021) (Ex. MET-LAS-006); staff report (July 19, 2021) (Ex. MET-LAS-007) (context); press report of the time (Ex. MET-LAS-009) (context); Eighth Judicial District Administrative Order 21-04 (June 4, 2021) (Ex. MET-LAS-018); Administrative Order 21-05 (July 19, 2021) (Ex. MET-LAS-019). ↩
  148. Washoe County District Health Officer's determination (Oct. 8, 2020) (Ex. MET-LAS-032); Washoe County action plan (Oct. 29, 2020; effective Nov. 5, 2020) (Ex. MET-LAS-033); Washoe County COVID-19 Mitigation and Enforcement Plan (May 3, 2021) (Ex. MET-LAS-035); Notice that the State mask mandate takes effect July 30, 2021 (Ex. MET-LAS-037) (context). ↩
  149. Salt Lake County Public Health Order 2020-01 (Mar. 15, 2020) (Ex. MET-SLC-003); Public Health Order 2020-02 (Mar. 19, 2020) (Ex. MET-SLC-041); Joint Public Health Order 2020-03 (Stay-at-Home) (Mar. 25, 2020; effective Mar. 27, 2020) (Ex. MET-SLC-005); Public Health Orders 2020-03 and 2020-04 (Mar. 29 and Apr. 10, 2020) (Ex. MET-SLC-042; Ex. MET-SLC-043); Joint Public Health Order 2020-05 (Apr. 30, 2020) (Ex. MET-SLC-009); Public Health Order 2020-06 (Apr. 30, 2020) (Ex. MET-SLC-045); Joint Public Health Order 2020-07 (May 21, 2020) (Ex. MET-SLC-011); Joint Public Health Order 2020-08 (Face Coverings) (June 26, 2020) (Ex. MET-SLC-012); Public Health Order 2020-12 (July 2, 2020) (Ex. MET-SLC-072); Public Health Orders 2020-13, 2020-14 and 2020-15 (to Jan. 5, 2021) (Ex. MET-SLC-073); Salt Lake City Emergency Proclamation No. 6 of 2020 (Mar. 29, 2020) (Ex. MET-SLC-023); Summit County Declaration of Local Public Health Emergency (Delta Variant) (Aug. 21, 2021) (Ex. MET-SLC-018); Summit County Public Health Order 2021-01 (Order of Constraint) (Aug. 21, 2021; effective Aug. 25, 2021) (Ex. MET-SLC-016); Salt Lake County Public Health Order 2021-2 (Aug. 11, 2021; terminated by the County Council Aug. 12, 2021) (Ex. MET-SLC-076); Salt Lake City Executive Order No. 3 of 2021 (July 28, 2021) (Ex. MET-SLC-029); Executive Orders No. 1 of 2021 (May 10 and 14, 2021) (Ex. MET-SLC-031; Ex. MET-SLC-032); Declaration of Local Emergency No. B of 2021 (Aug. 20, 2021) (Ex. MET-SLC-030); Council extension (Sept. 14, 2021) (Ex. MET-SLC-034); Summit County news flash announcing its elementary-school mask order (Aug. 21, 2021) (Ex. MET-SLC-081) (context); UTA rider page (Aug. 12, 2021) (Ex. MET-SLC-090). ↩
  150. Maricopa County Regulations Requiring Face Coverings (June 19, 2020; effective June 20, 2020) (Ex. MET-PHX-001); Amended Regulations (June 26, 2020) (Ex. MET-PHX-023); City of Phoenix Proclamation of the Mayor (June 18, 2020) (Ex. MET-PHX-017); Maricopa County Superior Court Administrative Order No. 2021-073 (May 26, 2021) (Ex. MET-PHX-004); No. 2021-103 (July 16, 2021) (Ex. MET-PHX-025); No. 2021-104 (July 16, 2021) (Ex. MET-PHX-014); No. 2021-112 (July 28, 2021) (Ex. MET-PHX-015); No. 2021-119 (Aug. 4, 2021; effective Aug. 9, 2021) (Ex. MET-PHX-016); Valley Metro face-covering requirement (July 1, 2020) (Ex. MET-PHX-042); Tucson Sun Tran face coverings (Jan. 4, 2021) (Ex. MET-PHX-039); Arizona Corporation Commission, Update Regarding In-Person Services (Mar. 24, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-094). ↩
  151. Los Angeles County Safer at Home Order (Mar. 21, 2020) (Ex. MET-LA-003); Safer at Home Order (Apr. 10, 2020) (Ex. MET-LA-004); Revised Temporary Targeted Safer at Home Order (Dec. 30, 2020) (Ex. MET-LA-012); Reopening Safer at Work and in the Community orders of Mar. 19, 2021 (Ex. MET-LA-014) and Apr. 14, 2021 (Ex. MET-LA-015); Responding Together at Work and in the Community, Beyond the Blueprint orders of July 16, 2021 (effective July 17, 2021) (Ex. MET-LA-018), Aug. 16, 2021 (effective Aug. 19, 2021; in force to Oct. 7, 2021) (Ex. MET-LA-019) and Sept. 17, 2021 (effective 11:59 p.m. Oct. 7, 2021) (Ex. MET-LA-020) (the last post-period; not counted); Health Care Worker Vaccination Requirement (Aug. 12, 2021) (Ex. MET-LA-023); City of Los Angeles Public Order, Safer L.A. (July 17, 2021) (Ex. MET-LA-035); Health Order for Control of COVID-19: Beyond the State's Blueprint (July 17, 2021) (Ex. MET-LA-045); Superior Court General Order 2021-GEN-023-00 (June 24, 2021; effective June 28, 2021) (Ex. MET-LA-062); General Order of July 29, 2021 (Ex. MET-LA-063). ↩
  152. San Francisco Order of the Health Officer No. C19-07p (Dec. 4, 2020) (Ex. MET-SFO-013); Order No. C19-07y (Safer Return Together) (June 11, 2021; effective June 15, 2021) (Ex. MET-SFO-008); update of Aug. 2, 2021 (effective Aug. 3, 2021) (Ex. MET-SFO-010); update of Aug. 12, 2021 (patrons from Aug. 20, 2021) (Ex. MET-SFO-011); Marin County Public Health Order of Aug. 2, 2021 (Ex. MET-SFO-049); Joint press release of the Bay Area health officers (Aug. 2, 2021) (Ex. MET-SFO-071); BART face-mask requirement (Apr. 22, 2020) (Ex. MET-SFO-070). ↩
  153. LADWP release (Mar. 24, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-060); SMUD release (Mar. 13, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-019); EBMUD release (Mar. 17, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-076) (each the utility's own announcement; context, not an order). ↩
  154. King County Local Health Officer Order (Mar. 16, 2020) (Ex. MET-SEA-008); City of Seattle Civil Emergency Order: Restricting Restaurant Delivery and Pick-Up Commission Fees (Apr. 24, 2020) (Ex. MET-SEA-012); Local Health Officer Indoor Masking Directive (May 20, 2021) (Ex. MET-SEA-003); Joint recommendation of the regional health officers (July 26, 2021) (Ex. MET-SEA-036) (context); Local Health Officer Outdoor and Indoor Masking Orders (Sept. 2, 2021; effective Sept. 7, 2021) (Ex. MET-SEA-002); Local Health Officer Verification of Vaccination Order (Sept. 16, 2021; issued "effective immediately"; entry requirement effective Oct. 25, 2021, and Dec. 6, 2021 for small restaurants; cited for its issuance) (Ex. MET-SEA-001); COVID-19 Mayoral Directive #9 (Aug. 9, 2021) (Ex. MET-SEA-018); King County Executive release (Aug. 9, 2021) (Ex. MET-SEA-024) (context); union agreement release (Sept. 22, 2021) (Ex. MET-SEA-027) (context); Executive Order 2021-07 (Sept. 21, 2021) (Ex. MET-SEA-019). ↩
  155. CapMetro (Feb. 2, 2021) (Ex. MET-AUS-087); Trinity Metro (Ex. MET-DFW-094); VIA (Ex. MET-SAT-058); Denver RTD (Ex. MET-DEN-034; Ex. MET-DEN-046; Ex. MET-DEN-047); Port Authority of Allegheny County (Ex. MET-PIT-042); New Orleans RTA (Ex. MET-MSY-037); Jefferson Transit (Ex. MET-MSY-066); Metro Transit (May 18, 2021) (Ex. MET-STL-043); UTA (Ex. MET-SLC-090); Valley Metro (Ex. MET-PHX-042); BART (Ex. MET-SFO-070); MBTA (May 14, 2021) (Ex. MET-BOS-095); Metra (Ex. MET-CHI-051); MTA (Sept. 22, 2021) (Ex. MET-NYC-046); MDOT MTA (July 12, 2021) (Ex. MET-BAL-107). ↩
  156. RRC, Notice to Oil and Gas Operators, Extension of Notification Requirements Under Statewide Rule 32 (Mar. 19, 2020) (Ex. SEC-23-001); Notice to Oil and Gas Operators, State of Disaster in Texas Waiver Requests (Mar. 24, 2020) (Ex. SEC-23-002); Notice to Oil and Gas Operators, Extension of Certain Expirations and Filing Requirements (Apr. 3, 2020) (Ex. SEC-23-003); Notice to Oil and Gas Operators, Temporary Exceptions to Certain Administrative Rules (May 5, 2020) (Ex. SEC-23-004) (adopted "in recognition of the unprecedented national and global economic conditions currently impacting the oil and gas industry"; exceptions to 16 Tex. Admin. Code §§ 3.8(d)(4)(H), 3.13(d), 3.14(b)(2), 3.78, 3.95 and 3.107(b)); Notice to Oil and Gas Operators, Update to Drilling Permits (W-1) Online Filing System (May 15, 2020; effective June 1, 2020) (Ex. SEC-23-005); Notice to Oil and Gas Operators, Extension to December 31 (Sept. 29, 2020) (Ex. SEC-23-006); Notice to Oil and Gas Operators, Expiration of the April 3, 2020 extensions (Dec. 21, 2020) (Ex. SEC-23-007). ↩
  157. PUCT, Order Directing Certain Actions and Granting Exceptions to Certain Rules, Project No. 50664 (Mar. 26, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-016); Order Related to COVID-19 Electricity Relief Program (Mar. 26, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-017); Second Order (Apr. 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-018); Fourth Order Directing Certain Actions (July 16, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-019); Fourth Order Related to COVID-19 Electricity Relief Program (Aug. 27, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-020). ↩
  158. NDIC, North Dakota DMR to Reinstate Well Waivers (Mar. 24, 2020) (Ex. SEC-23-028); NDIC, confiscation orders for 350-plus abandoned wells (June 19, 2020) (Ex. SEC-23-029). ↩
  159. NDIC Department of Mineral Resources, Director's Cut (Apr. 14, 2020) (Ex. SEC-23-013); Director's Cut (May 15, 2020) (Ex. SEC-23-014); Director's Cut (June 12, 2020) (Ex. SEC-23-015); Director's Cut (July 17, 2020) (Ex. SEC-23-016). ↩
  160. NM State Land Office, State Land Office Initiates Emergency Rulemaking Process to Allow Temporary Shut-In of Oil Wells (Apr. 3, 2020) (Ex. SEC-23-011); Emergency Rule 19.2.100.71 NMAC, Temporary Shut-In of Oil Wells Due to Severe Reduction in the Price of Oil (Apr. 21, 2020) (Ex. SEC-23-008); Shut-In Notification Form (Apr. 21, 2020) (Ex. SEC-23-009); Release announcing the emergency rule (Apr. 21, 2020) (Ex. SEC-23-010); Release, State Land Office Hearing This Friday, June 12 (June 10, 2020) (Ex. SEC-23-012). ↩
  161. OCC, COVID-19 and utility customers (Mar. 16, 2020) (Ex. SEC-23-025); OCC, Switching to Zoom for courtroom proceedings and Commission meetings (June 17, 2021; effective June 21, 2021) (Ex. SEC-23-026). ↩
  162. Ex. SEC-23-017; Ex. SEC-23-018; Ex. SEC-23-019; Ex. SEC-23-020; Ex. SEC-23-021; Ex. SEC-23-022; Ex. SEC-23-023. ↩
  163. Kentucky PSC, Order, Case No. 2020-00085 (Mar. 16, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-001); Order (Sept. 21, 2020; disconnections from Oct. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-002); Arkansas PSC, Order No. 1, Docket No. 20-012-A (Apr. 10, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-003); Illinois Commerce Commission letter (Mar. 13, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-009) and release (Sept. 9, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-010); Connecticut PURA (Mar. 12, 2020) (Ex. CT-065; Ex. AGY-ST-UTILITIES-HOUSING-AG-008); Pennsylvania PUC (Oct. 8, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-015); New York Chapter 108 of the Laws of 2020 (Ex. AGY-ST-UTILITIES-HOUSING-AG-006) and Chapter 106 of the Laws of 2021 (Ex. AGY-ST-UTILITIES-HOUSING-AG-007); New Jersey Executive Order No. 190 (Ex. NJ-059) and Executive Order No. 246 (Ex. NJ-061); Washington Proclamation 20-23 (Ex. WA-014); North Carolina Executive Orders No. 124 and 142 (Ex. NC-006; Ex. NC-012); Montana Directive of Mar. 30, 2020 (Ex. MT-011); Michigan Executive Order 2020-28 (Ex. AGY-ST-UTILITIES-HOUSING-AG-013). ↩
  164. Ex. VA-036; Ex. VA-037; Ex. VA-038; Ex. CA-023; Ex. CA-024; Ex. AGY-ST-LABOR-WORKPLACE-001; Ex. AGY-ST-LABOR-WORKPLACE-002; Ex. OR-032; Ex. OR-041; Ex. OR-044; Ex. AGY-ST-LABOR-WORKPLACE-021; Ex. AGY-ST-LABOR-WORKPLACE-049; Ex. AGY-ST-LABOR-WORKPLACE-062; Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. AGY-ST-LABOR-WORKPLACE-054; Ex. AGY-ST-LABOR-WORKPLACE-055; Ex. AGY-ST-LABOR-WORKPLACE-056; Ex. AGY-ST-LABOR-WORKPLACE-078; Ex. AGY-ST-LABOR-WORKPLACE-027; Ex. NV-060 (context). ↩
  165. 26 U.S.C. § 7871 (Ex. LAW-311); Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) (Ex. LAW-317); Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982) (Ex. LAW-318); Michigan v. Bay Mills Indian Community, 572 U.S. 782 (2014) (Ex. LAW-319); Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) (Ex. LAW-320); Ex. AZ-063; Ex. AZ-064; Ex. AZ-079; Ex. AZ-080; Ex. AZ-081; Ex. AZ-082; Ex. AZ-084; Ex. AGY-TRIBAL-001; Ex. AGY-TRIBAL-003; Ex. AGY-TRIBAL-013; Ex. AGY-TRIBAL-021; Ex. AGY-TRIBAL-025; Ex. AGY-TRIBAL-031; Ex. AGY-TRIBAL-040; Ex. AGY-TRIBAL-054; Ex. OK-090. ↩
  166. Ex. FED-386; Ex. AGY-FED-LANDS-SCIENCE-COURTS-050; Ex. FED-264; Ex. FED-268; Ex. FED-270; Ex. FED-271; Ex. FED-272; BLM, BLM temporarily closes developed recreation facilities in Oregon (Mar. 27, 2020) (Ex. FED-389; Ex. AGY-FED-LANDS-SCIENCE-COURTS-056); DOE Office of Legacy Management, LM Visitors Centers Closed to the Public (Mar. 16, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-084). ↩
  167. Ex. SEC-23-008; Ex. SEC-23-028; Ex. SEC-23-003; Ex. SEC-23-006. ↩
  168. EIA, Short-Term Energy Outlook, June 2020 (June 9, 2020) (Ex. SEC-23-024); EIA, U.S. Field Production of Crude Oil, monthly (Ex. SEC-23-027). ↩
  169. Ex. PA-002; Ex. PA-003; Ex. PA-004; Ex. MI-011; Ex. MI-026; Ex. SEC-09-001; Ex. NJ-011; Ex. KY-010; Ex. WA-016; Ex. TX-008 (GA-14) and its successors Executive Order GA-21 (May 5, 2020; offices and manufacturing from May 18, 2020) (Ex. TX-014) and Executive Order GA-23 (May 18, 2020) (Ex. TX-016) (non-CISA offices and manufacturing at twenty-five percent). ↩
  170. Ex. NM-006; Ex. NM-010; Ex. NM-033; Ex. NM-039; Ex. NM-041; Ex. CT-013; Ex. ME-013; Ex. NH-013; Ex. DE-013; Ex. SC-012; Ex. VT-012; Ex. MT-010; Ex. WY-010; Ex. UT-056; Ex. CO-079; Ex. AK-021; Ex. AK-069; Ex. AK-075; Ex. CA-020. ↩
  171. Texas Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004); Colorado Executive Order D 2020 009 (Mar. 19, 2020; effective Mar. 23, 2020) (Ex. CO-007); Oklahoma Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. OK-006); New Mexico Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020) (Ex. NM-007) and its modification of Apr. 30, 2020 (Ex. NM-013); Louisiana LDH Healthcare Facility Notice/Order #2020-COVID19-ALL-020 (June 4, 2020; effective June 5, 2020; the supplemental order in the series that began in March 2020, see Notice/Order #2020-COVID19-ALL-010 (Apr. 20, 2020) (Ex. LA-043)) (Ex. LA-045); West Virginia Executive Order 16-20 (Mar. 31, 2020; effective Apr. 1, 2020) (Ex. WV-014), with Executive Orders 28-20 and 30-20 conditioning resumption on OHFLAC-approved plans from Apr. 28 and Apr. 30, 2020 (Ex. WV-023; Ex. WV-024); Wyoming Department of Health, Guidance on Resuming Elective and Non-emergency Procedures (Apr. 24, 2020) (Ex. WY-011) (guidance; context); OSHA Emergency Temporary Standard (Ex. FED-080). ↩
  172. Ex. TX-064; Ex. TX-040; Ex. ECO-C-069; Ex. ECO-C-070; Ex. ECO-C-071; Ex. NM-059; Ex. NM-064; Ex. NM-066; Ex. KY-058; Ex. VA-041; Ex. VA-042; Ex. UT-050; Ex. UT-051; Ex. SD-045; Ex. SD-088; Ex. WI-029; Ex. SC-054; Ex. SC-055; Ex. AK-060; Ex. ECO-C-136 (D. Ariz. General Order 21-15, Sept. 2, 2021); Ex. MET-HOU-051; Ex. MET-HOU-052; Ex. MET-HOU-053; Ex. MET-HOU-054; Ex. MET-PIT-034; Ex. MET-PIT-036; Ex. MET-PIT-037; Ex. MET-PIT-040; Ex. MET-DEN-058; Ex. MET-DEN-066; Ex. MET-LAS-018; Ex. MET-LAS-019; Ex. MET-PHX-014; Ex. MET-PHX-015; Ex. MET-PHX-016; Ex. MET-LA-062; Ex. MET-LA-063; Ex. MET-SAT-063; Ex. MET-AUS-062. ↩
  173. Federal Reserve, The Beige Book (Apr. 15, 2020) (Ex. LAW-210; Ex. ECO-A-104); The Beige Book (May 27, 2020) (Ex. LAW-218); The Beige Book (Dec. 2, 2020) (Ex. LAW-219); The Beige Book (Jan. 13, 2021) (Ex. LAW-249); The Beige Book (Apr. 14, 2021) (Ex. LAW-250); The Beige Book (July 14, 2021) (Ex. LAW-220; Ex. ECO-A-106); The Beige Book (Sept. 8, 2021) (Ex. LAW-211; Ex. ECO-A-107; Ex. ECO-B-090); Federal Reserve, Monetary Policy Report (July 9, 2021) (Ex. LAW-221). ↩
  174. The standing-duty instruments of every State and the District are held in the Library's Duties layer (the DUT- series) and are set out on this site's standing-duties page. The proposition that a statute or rule commanding conduct is an order from an appropriate governmental authority, and that the source of the command is irrelevant, is stated on the statute page. An instrument written in "should" or "encouraged" is recorded in this section as a recommendation and is treated as compulsory only through the instrument that incorporated it, which the footnotes name. ↩
  175. Executive Order GA-28, ¶ 1 (June 26, 2020) (Ex. TX-021) (penalty recital: "an offense punishable under Section 418.173 by a fine not to exceed $1,000, and may be subject to regulatory enforcement"); Executive Order GA-29 (July 2, 2020) (Ex. TX-022) ("Every person in Texas shall wear a face covering over the nose and mouth when inside a commercial entity or other building or space open to the public"; a second violation "punishable by a fine not to exceed $250"), one of the workplace infection-prevention and exposure-control requirements the Texas orders completed with occupancy and distancing conditions; Executive Order GA-32, ¶¶ 1, 2, 12 (Oct. 7, 2020) (Ex. TX-025) ("social distancing and other protocols must be followed"); the DSHS minimum standard health protocols, incorporated with "should follow" (GA-18, Ex. TX-011) and "should use good-faith efforts and available resources to follow" (GA-21 through GA-32, Ex. TX-014; Ex. TX-021; Ex. TX-025), and stated in their own text as "the minimum recommended health protocols for all businesses choosing to operate in Texas" (Ex. TX-043; Ex. DUT-TX-020), recorded as recommendations; Executive Order GA-34, ¶ 3 (Mar. 2, 2021; effective Mar. 10, 2021) (Ex. TX-029) ("is strongly encouraged to use good-faith efforts and available resources to follow" the DSHS recommendations), recorded as a recommendation from that date, after which the compulsion in Texas rests on the standing statutes, the shield's condition and the federal layer (footnotes below). ↩
  176. New Mexico Public Health Emergency Order of May 15, 2020 (effective May 16, 2020), ¶ 2 (Ex. NM-016) ("'Essential businesses' must operate in accordance with the pertinent 'COVID-Safe Practices (CSPs)' section(s) of the 'All Together New Mexico: COVID-Safe Practices for Individuals and Employers'"); Public Health Emergency Order of June 30, 2021 (effective July 1, 2021), ¶ 3 (Ex. NM-060) ("All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices"), carried by the orders of July 30 and August 17, 2021 (Ex. NM-062; Ex. NM-067); NMSA 1978, § 12-10A-19 (Ex. DUT-NM-005) (a civil administrative penalty "of up to five thousand dollars ($5,000) for each violation"); All Together New Mexico: COVID-Safe Practices for Individuals and Employers, COVID-Safe Practices for All Employers, at 9-10 (Ex. DUT-NM-010) (the "Required" column: "Screen employees before they enter the workplace each day"; "Ensure all employees have face coverings or masks and wear them in the workplace at all times when in the presence of others"; "Limit operations to remote work to the greatest extent possible"; "Adhere to all CDC and OSHA guidelines"; the "Best Practices" column is recorded as recommendation); the Environment Department's rapid-response program, which enforced the Practices as "required practices" (Ex. DUT-NM-017; Ex. DUT-NM-019) and, from October 23, 2020, closed for fourteen days any business with four rapid responses in fourteen days (Ex. NM-036). ↩
  177. Oklahoma Essential Industries List (Apr. 1, 2020) (Ex. OK-014) ("Items marked with * must publicly post and adhere to social distancing guidelines in order to remain open and, where practicable, implement social distancing ..., encourage sick employees to remain home and/or other recommendations from the Centers of Disease Control"), issued with the Seventh Amended Executive Order 2020-07 (Ex. OK-011) (businesses outside the designated classes "shall close to the public"); the Governor's executive orders of 2020 and 2021 recited no penalty, and the misdemeanor of 63 O.S. § 683.23(C) runs to rules, regulations and orders of the Office of Emergency Management (Ex. DUT-OK-007), which is recorded exactly; the compulsion in Oklahoma is the quarantine statute and its offense (Ex. DUT-OK-002; Ex. DUT-OK-004), the federal general duty clause (Ex. DUT-FED-001) and the shield's condition (Ex. DUT-OK-013). The OURS Plan's employer paragraph ("Employers are recommended to implement social distancing protocols," Ex. OK-021) is recorded as a recommendation; the winter orders commanded ("shall ensure a minimum of six (6) feet of separation," Ex. OK-033). ↩
  178. Proclamation 74 JBE 2020 (Phase 2 of Resilient Louisiana), §§ 2(C), 2(F), 2(G)(1)(e) (Ex. LA-012) (every sector clause opens "shall be allowed to operate under the following conditions" with occupancy "as determined by the State Fire Marshal"; § 2(C): "All businesses and organizations shall require that any owner or employee having interaction or contact with the public shall wear a mask or a face covering"; § 2(F): critical-infrastructure businesses "may remain in full operation. All owners and employees at such businesses shall maintain moderate social distancing between themselves and members of the public and shall wear face coverings at all times if interacting with the public"; § 2(G)(1)(e): every business operating under the section "shall follow the applicable guidance from the State Fire Marshal ... and the Louisiana Department of Health with regard to sanitization and disinfection"; the § 2(D) clause that "strongly encouraged" individuals to wear masks is a recommendation and is recorded as one until Proclamation 89 JBE 2020 made face coverings mandatory); Proclamation 89 JBE 2020 (effective July 13, 2020), § 4(A), (C), (D) (Ex. LA-014) ("Every individual in Louisiana shall wear a face covering over the nose and mouth when inside a commercial establishment or any other building or space open to the public"; "All businesses or organizations ... shall require all persons who enter the premises to wear a face covering"; "Citations under this Section shall be written only to businesses or organizations"), the workplace infection-prevention and exposure-control requirement whose enforcement the proclamation placed on the business; Proclamation 33 JBE 2020, § 6 (Ex. LA-005) (every business not on the CISA list and not closed "shall reduce operations to continue with minimum contact with members of the public and essential employees, while requiring proper social distancing"). ↩
  179. State Health Officer Order 2020-02.1 (Apr. 8, 2020) (Ex. ND-021) ("a person is guilty of a class B misdemeanor if that person fails to cooperate with this order to quarantine. N.D.C.C. 23-07.6-02(3)"); Executive Order 2020-06.4 (Apr. 29, 2020; reopening from May 1, 2020) (Ex. ND-038) (the ND Smart Restart standards "must be adopted and rigorously followed"; "Violations of this Order are an infraction and subject to a one-thousand dollar fine"); ND Smart Restart, Standards for All Industries (Apr. 28, 2020) (Ex. ND-034) (the commands within the mandatory instrument, "Adhere to CDC Guidelines," "Limit the number of people occupying the facility to ensure all maintain a minimum six-foot distance," and its recommendation, "Encourage use of cloth face coverings," recorded as such); Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045) ("strongly encouraged to adopt and rigorously follow"; recorded as a recommendation from that date, after which the compulsion in North Dakota rests on the confinement orders, the standing statutes and the shield's condition); State Health Officer Order 2020-08 (Nov. 13, 2020; effective Nov. 14, 2020), § B ¶¶ 1, 7-10, § C (Ex. ND-061) ("Businesses must post one or more signs"; "Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings as required by this Order"; a violation an infraction under N.D.C.C. 23-07-21(1)), the workplace infection-prevention and exposure-control requirement the State placed on every business with the capacity limits of Executive Order 2020-43 (Ex. ND-062), re-issued as Order 2020-08.1 to Jan. 18, 2021 (Ex. ND-066). ↩
  180. State Public Health Officer Order of May 7, 2020, ¶¶ 2-3 (Ex. CA-015) (sectors "may reopen with certain modifications"; Californians engaging with reopened businesses "must, when they do so, continue at all times to practice physical distancing"); COVID-19 Industry Guidance: Retail (July 29, 2020) (Ex. DUT-CA-014) (the industry guidance the orders designated as the "necessary modifications," written in "must": "People in California must wear face coverings when they are engaged in work"; "Employers must provide face coverings to workers or reimburse workers for the reasonable cost of obtaining them"); Cal/OSHA COVID-19 Prevention Emergency Temporary Standard, 8 C.C.R. §§ 3205-3205.4 (effective Nov. 30, 2020) (Ex. CA-023), readopted June 17, 2021 (Ex. CA-024) ("Employers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program"); State Public Health Officer Order of June 11, 2021 (effective June 15, 2021), ¶ 4 (Ex. CA-029) (the industry guidance "will not be mandatory"; "I strongly encourage Californians to follow such guidance"), recorded as a recommendation from that date, the standard continuing through the third quarter of 2021. ↩
  181. Secretary of Health Worker Safety Order (Apr. 15, 2020; effective Apr. 19, 2020) (Ex. PA-008) ("A business that is authorized to maintain in-person operations, other than health care providers, pursuant to the Orders that the Governor and I issued on March 19, 2020, as subsequently amended, shall implement, as applicable, the following social distancing, mitigation, and cleaning protocols"); the Yellow Phase and Green Phase Orders (Ex. PA-010; Ex. PA-011) ("provided that the businesses fully comply with all substantive aspects of" the Secretary's building-safety and business-safety orders "and all existing and future applicable guidance"); Order of the Secretary of Health Directing Mitigation Measures (July 15, 2020; effective July 16, 2020) (Ex. PA-016) ("Unless not possible, all businesses are required to conduct their operations in whole or in part remotely"); Order of the Secretary of Health for Mitigation and Enforcement (Nov. 23, 2020; effective Nov. 27, 2020) (Ex. PA-022) ("Unless impossible, all businesses must conduct their operations remotely"); Office of the Governor, Amended Targeted Mitigation FAQ (Oct. 6, 2020) (Ex. DUT-PA-015) ("Does an Order mean mandatory? Is this a law? Yes, it is mandatory that all applicable businesses and event venues follow the guidelines set forth in the Order"), an agency statement recorded as such. The Appalachia section above gives the orders' dates and the closure of the mines and mining-services contractors by name (Ex. PA-002; Ex. PA-004). ↩
  182. Colorado Public Health Order 20-28, Safer at Home, § II.I (Apr. 26, 2020; effective Apr. 27, 2020) (Ex. CO-020) ("Employers and sole proprietors shall take all of the following measures within the workplace to minimize disease transmission, in accord with the CDPHE Guidance: a. deputize a workplace coordinator(s) charged with addressing COVID-19 issues; b. maintain 6 foot separation between employees"); Fourth Amended Public Health Order 20-38, § I.B (June 30, 2021; effective July 1, 2021) (Ex. CO-041) ("All businesses and government entities shall comply with the requirements in this Section I.B"; "All employers must implement the face covering requirements in Section I.A of this Order, as applicable"; the § I.B.3 clause under which employers "are strongly encouraged to follow the best" mitigation practices is recorded as a recommendation); Second Updated Public Health Order 20-24, § V (Mar. 27, 2020) (Ex. CO-013) ("Failure to comply with this order could result in penalties including a fine of up to one thousand (1,000) dollars and imprisonment in the county jail for up to one" year), the enforcement section repeated through the Sixth Amended Public Health Order 20-38 (Ex. CO-091); Colo. Rev. Stat. § 25-1-114 (Ex. DUT-CO-003). ↩
  183. Tex. Health & Safety Code § 81.002 (Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989) (Ex. DUT-TX-001) (the Texas Legislative Council's official chapter page as archived December 6, 2020, the text in force during the claim period). The Commissioner's public health disaster declaration of March 19, 2020 invoked the section: the Department of State Health Services' release states that the declaration "cites the requirement under Section 81.002 of the Texas Health and Safety Code that 'each person shall act responsibly to prevent and control communicable disease'" (Ex. DUT-TX-008); the practices the release lists are stated with "should" and are recorded as recommendations, compulsory through the section they invoke and the control-measure offenses. ↩
  184. Tex. Health & Safety Code §§ 81.081, 81.082 (Ex. DUT-TX-002) (the control measures "may be imposed on an individual, animal, place, or object"); §§ 81.083, 81.084 (Ex. DUT-TX-003; Ex. DUT-TX-004) (the order powers over individuals and over "a person who owns or controls property," cited as the authority under which control measures were imposed); § 81.087 (Ex. DUT-TX-006) ("A person commits an offense if the person knowingly refuses to perform or allow the performance of certain control measures ordered by a health authority or the department"; a Class B misdemeanor, a fine to $2,000 and confinement to 180 days, Tex. Penal Code § 12.22, Ex. DUT-TX-019); § 81.085(h) (Ex. DUT-TX-005) ("An offense under this subsection is a felony of the third degree"); Tex. Gov't Code § 418.012 (Ex. DUT-TX-010) ("Executive orders, proclamations, and regulations have the force and effect of law"); § 418.173 (Ex. DUT-TX-012) (a fine not exceeding $1,000 and confinement not exceeding 180 days, recited in GA-14, GA-28 and GA-32, Ex. TX-008; Ex. TX-021; Ex. TX-025); Tex. Lab. Code § 411.103 (Ex. DUT-TX-013) ("Each employer shall: (1) provide and maintain ... a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and use ... methods of sanitation and hygiene, that are reasonably necessary to protect the life, health, and safety of the employer's employees; and (3) take all other actions reasonably necessary"); State v. El Paso County (Ex. TX-047 at 12) (an adjudication: GA-32's "declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business ... become state law"). ↩
  185. NMSA 1978, § 50-9-5(A)-(B) (Ex. DUT-NM-007) ("Every employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees"; civil penalties under § 50-9-24 to $126,749 for each willful or repeated violation); § 24-1-21 (Ex. DUT-NM-003) (a petty misdemeanor for violating "any order, rule or regulation adopted pursuant to" the Public Health Act); § 12-10A-19 (Ex. DUT-NM-005); Grisham v. Reeb, 2021-NMSC-006, ¶¶ 1, 18, 20, 40 (N.M. Nov. 5, 2020) (Ex. DUT-NM-012) (an adjudication, cited as such: the Legislature empowered the Governor and Secretary to "enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19"); 11.5.1.16 NMAC, as amended Aug. 5, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-066) (every employer to report a positive case within four hours). ↩
  186. Okla. Stat. tit. 63, § 1-504(A)-(C) (Ex. DUT-OK-002) ("It shall be unlawful for such person, or any other person, to violate the terms or conditions of the quarantine"); tit. 21, § 1195 (Ex. DUT-OK-004) (whoever "willfully violates any quarantine law or regulation, is guilty of a misdemeanor"); tit. 21, § 1199 (Ex. DUT-OK-005) (a misdemeanor to willfully expose "himself or another person, being affected with any contagious disease in any public place"); tit. 40, § 403(A) (Ex. DUT-OK-010) ("Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards," binding the State and its political subdivisions as employers, tit. 40, § 402, Ex. DUT-OK-011); tit. 40, § 414 (Ex. DUT-OK-012) (private employers under federal OSHA); 29 U.S.C. § 654(a)(1) (Ex. DUT-FED-001). ↩
  187. La. R.S. 23:13 (Ex. DUT-LA-010) ("Every employer shall furnish employment which shall be reasonably safe for the employees therein. They shall furnish and use safety devices and safeguards, shall adopt and use methods and processes reasonably adequate to render such employment and the place of employment safe ..., and shall do every other thing reasonably necessary"); R.S. 29:724(A), (E) (Ex. DUT-LA-006) (the Governor's "[e]xecutive orders, proclamations, and regulations so issued shall have the force and effect of law"; "any person or representative of any firm, partnership, or corporation" violating one fined not more than $500 or confined not more than six months, or both); R.S. 40:6 (Ex. DUT-LA-003) (a fine of $50 to $100 or imprisonment up to two years for violating the isolation or quarantine provisions of the Sanitary Code); R.S. 40:4(A)(2) (Ex. DUT-LA-001) (the Sanitary Code "shall provide for and require ... application and implementation of appropriate control measures to expressly include isolation and quarantine proceedings and measures"); R.S. 14:329.7 (Ex. DUT-LA-015) (local emergency orders: $500 or six months). ↩
  188. N.D. Cent. Code 23-07-21 (Ex. DUT-ND-002) (current edition; the 2020-2021 text read "state department of health" in place of the present department name) ("a person is guilty of an infraction: 1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the department of health and human services, or any order issued by any state, district, county, or municipal health officer"); 23-07.6-02 (Ex. DUT-ND-003) ("Persons subject to isolation or quarantine shall obey the health officer's rules and orders and must not go beyond the isolation or quarantine premises. Failure to obey these provisions is a class B misdemeanor."); 12.1-32-01 and 12.1-32-01.1 (Ex. DUT-ND-006) (a class B misdemeanor: thirty days and $1,500 for an individual, $20,000 for an organization; an infraction: $1,000); 37-17.1-05(2), (6)(g), (8) (Ex. DUT-ND-005) ("Executive orders, proclamations, and regulations have the force of law"; control of "the movement of persons within the area, and the occupancy of premises therein"; a willful violation an infraction), recited in every executive order ("Violations of this Order are an infraction and subject to a one-thousand dollar fine," Ex. ND-013); 23-35-13 (Ex. DUT-ND-004) (a class B misdemeanor to violate "any order, ordinance, or rule prescribed by any board of health or health officer"); 29 U.S.C. § 654(a)(1) as filed for North Dakota (Ex. DUT-ND-008) (North Dakota has no State plan); N.D. Cent. Code 65-03-01 (Ex. DUT-ND-007) (Workforce Safety and Insurance's "full power and jurisdiction over and supervision of every place of employment"). ↩
  189. Cal. Lab. Code §§ 6400, 6401, 6402 (Ex. DUT-CA-009) ("Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein"; "Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees"); § 6423 (Ex. DUT-CA-010) (a misdemeanor, imprisonment to six months or a fine to $5,000, for a knowing or negligent violation of a standard or order deemed serious); 8 C.C.R. § 3203 (Ex. DUT-CA-011) ("every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program"; "The Program shall be in writing"); Cal. Health & Safety Code §§ 120275, 120295 (Ex. DUT-CA-003) ("a separate offense for each day"); Cal. Gov't Code § 8665 (Ex. DUT-CA-007) (a misdemeanor, a fine to $1,000 or imprisonment to six months, for refusing or willfully neglecting "to obey any lawful order or regulation" under the Emergency Services Act); Cal/OSHA News Release No. 2020-63 (July 16, 2020) (Ex. DUT-CA-012) (an agency statement, recorded as such: "Existing regulations require employers to implement effective measures to protect employees from worksite hazards, including recognized health hazards such as COVID-19"); Newsom v. Superior Court (Gallagher) (Cal. Ct. App. May 5, 2021) (Ex. DUT-CA-018) (an adjudication upholding the Governor's orders under Gov't Code § 8567); Kuciemba v. Victory Woodworks, Inc. (Cal. July 6, 2023) (Ex. DUT-CA-020) (an adjudication: employers "allowed to continue operations during this time were subject to strict regulations designed to limit transmission of the virus"). ↩
  190. General Safety Law, 43 P.S. § 25-2(a) (Ex. DUT-PA-006) ("All establishments shall be so constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection for the life, limb, health, safety, and morals of all persons employed therein"); 71 P.S. § 1409 (Ex. DUT-PA-007) ("Every person who violates any order or regulation of the Department of Health ... shall, upon conviction thereof in a summary proceeding ..., be sentenced to pay a fine"); 35 P.S. §§ 521.5, 521.20(a) (Ex. DUT-PA-001) (the Department "shall carry out the appropriate control measures"; a fine of $25 to $300 and thirty days in default for each offense); 28 Pa. Code §§ 27.60, 27.8(a) (Ex. DUT-PA-005; Ex. DUT-PA-009); 35 Pa.C.S. § 7301(b) (Ex. DUT-PA-003) (the Governor's orders "shall have the force and effect of law"); Pennsylvania State Police, Business Closure Order Enforcement Guidance (Mar. 2020) (Ex. DUT-PA-010) ("pursuant to 71 P.S. § 1409, any person that fails to abide by the Orders, or any other order of the Department of Health ... is in violation of 71 P.S. § 1409, and subject to the criminal penalties stated therein"), an agency statement recorded as such, and the section under which the State Police told every district attorney the orders would be charged; Friends of Danny DeVito v. Wolf, 227 A.3d 872 (Pa. Apr. 13, 2020) (Ex. DUT-PA-020) (an adjudication, cited as such). Pennsylvania has no State plan for private employment; the federal general duty clause governs its private workplaces (Ex. DUT-FED-001). ↩
  191. Colo. Rev. Stat. § 25-1-114(1)(a), (4) (2018 ed.) (Ex. DUT-CO-003) ("It is unlawful for any person, association, or corporation, and the officers thereof: (a) To willfully violate, disobey, or disregard ... the terms of any lawful notice, order, standard, rule, or regulation"; a misdemeanor, "a fine of not more than one thousand dollars, or by imprisonment in" the county jail for not more than one year, or both); § 25-1-516(1)(a), (3) (Ex. DUT-CO-005) (a class 1 misdemeanor to "[w]illfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, or rule" of a county or district public health agency); § 24-33.5-704(2), (7)(g) (Ex. DUT-CO-006) (the Governor's orders "have the force and effect of law"; the Act carries no penalty of its own, and enforcement ran through the implementing public health orders' § 25-1-114 recital, license action and trespass, Ex. CO-013; Ex. CO-031); 29 U.S.C. § 654(a)(1) as filed for Colorado (Ex. DUT-CO-009) (Colorado has no State general-duty statute for private employers); Public Health Emergency Whistleblower Act, H.B. 20-1415, Colo. Rev. Stat. §§ 8-14.4-101 to -109 (July 11, 2020) (Ex. DUT-CO-007) (no adverse action against a worker who raises "any reasonable concern about workplace violations of government health or safety rules ... related to a public health emergency"); Healthy Families and Workplaces Act, S.B. 20-205, Colo. Rev. Stat. § 8-13.3-405 (July 14, 2020) (Ex. DUT-CO-008); Colorado Attorney General, Frequently Asked Questions: Enforcement of Public Health Orders (Mar. 31, 2020) (Ex. DUT-CO-010) (an agency statement, recorded as such: "Are residents and businesses required to follow these public health orders? Yes."). ↩
  192. 29 U.S.C. § 654(a)(1)-(2) (2020 ed.) (Ex. DUT-FED-001) ("Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter"); 29 U.S.C. § 666 (Ex. LAW-481) (civil penalties; the inflation-adjusted maxima under 29 C.F.R. § 1903.15(d) were $13,494 for a serious violation and $134,937 for a willful or repeated violation in 2020, and $136,532 was proposed for a willful violation cited Apr. 8, 2021, Ex. DUT-FED-073); OSHA 3990, Guidance on Preparing Workplaces for COVID-19 (Mar. 2020) (Ex. FED-088) ("the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm"; the document's recommendations are recorded as recommendations, as its own words require: "This guidance is not a standard or regulation, and it creates no new legal obligations"); OSHA, Interim Enforcement Response Plan for Coronavirus Disease 2019 (Apr. 13, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-020) (inspectors to cite under section 5(a)(1) against the CDC's and OSHA's guidance, with a sample citation); OSHA News Release, Smithfield Packaged Meats Corp. (Sept. 10, 2020) (Ex. LAW-487; Ex. AGY-FED-LABOR-IMMIGRATION-031) (a general-duty citation for SARS-CoV-2 exposure at "the maximum allowed by law"); OSHA National News Release (Jan. 8, 2021) (Ex. DUT-FED-067) ("citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381"); the establishment-level enforcement table, 302 citation rows dated 2020 and 440 dated 2021 (Ex. AGY-FED-LABOR-IMMIGRATION-033); Sec'y of Labor v. Murrell-Rosario, OSHRC Docket No. 21-0432 (ALJ June 6, 2022) (Ex. DUT-FED-073) (an adjudication: a willful violation of section 5(a)(1), $95,500 assessed, against a tax-preparation office whose owner forbade masks and distancing); 29 C.F.R. § 1910.134 (Ex. DUT-FED-004) ("A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee"), the standing standard behind the respirator programs this industry runs on every sour-gas site; 29 C.F.R. § 1910.141 (Ex. DUT-FED-005) ("All places of employment shall be kept clean to the extent that the nature of the work allows"). The Service's own Office of Chief Counsel has recited that section 654(a)(1) "requires each employer to furnish to each of his employees employment and a place of employment free from recognized hazards" (AM 2023-007, Ex. LAW-143). ↩
  193. Act of June 14, 2021, 87th Leg., R.S., ch. 528 (S.B. 6), §§ 3, 5 (Ex. DUT-TX-014) (§ 5(a): chapter 148 applies "only to an action commenced on or after March 13, 2020, for which a judgment has not become final before the effective date of this Act"); Tex. Civ. Prac. & Rem. Code § 148.003(a)(1)(B) (Ex. DUT-TX-015) ("knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease that were applicable to the person or the person's business"). The instrument is a statute of June 14, 2021 with a retroactive reach, and it is described as such; the Governor's orders from GA-14 forward named the federal guidelines as the measure of conduct (Ex. TX-008), and GA-23's preamble described the DSHS protocols as "the minimum standards for safely reopening" (Ex. TX-016). ↩
  194. Okla. Stat. tit. 76, § 111(A)-(C) (S.B. 1946, emergency effective May 21, 2020) (Ex. DUT-OK-013) ("shall not be liable in a civil action ... if the act or omission alleged to violate a duty of care of the person or agent was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure"; where two or more sources of guidance apply, conduct "consistent with any applicable guidance" suffices); tit. 76, § 112 (Ex. DUT-OK-014) (the COVID-19 Product Protection Act of the same date, whose definitions adopt the Department of Commerce's NAICS list, Ex. OK-014, and the Governor's orders as the operative regime); Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 2021 OK 68 (Okla. Dec. 14, 2021) (Ex. DUT-OK-019) (an adjudication, cited as such). ↩
  195. Acts 2020, No. 336 (H.B. 826, approved June 13, 2020), La. R.S. 9:2800.25(A) (Ex. DUT-LA-011) (no liability "unless the person ... failed to substantially comply with the applicable COVID-19 procedures established by the federal, state, or local agency which governs the business operations"); Acts 2020, No. 362 (approved June 12, 2020), La. R.S. 29:773 (Ex. DUT-LA-012) (the same condition); each retroactive to March 11, 2020 by reference to Proclamation 25 JBE 2020; Acts 2020, No. 305 (restaurants "in substantial compliance with Proclamation Number 25 JBE 2020 and any subsequent related proclamations and applicable COVID-19 procedures") (Ex. DUT-LA-013). ↩
  196. 2021 N.D. Laws, H.B. 1175 (67th Leg. Assemb.) (emergency measure, Apr. 23, 2021; applicable from Jan. 1, 2020), §§ 1-3 (Ex. ND-079) ("A person is immune from civil liability for an act or omission resulting in damage or injury sustained from exposure or potential exposure to COVID-19 if the act or omission was in substantial compliance or was consistent with a federal or state statute, regulation, or order related to COVID-19 which was applicable to the person"; the compliance condition is the Act's safe-harbor section, and the premises-owner immunity and the actual-injury bar turn on the absence of actual malice or intent to harm, which is recorded exactly). ↩
  197. New Mexico: H.B. 16, 54th Leg., 1st Spec. Sess. (2020) (Ex. DUT-NM-016) (not enacted; never heard; the bill would have conditioned immunity on compliance "with federal and state laws that provide requirements for mitigation"); California: A.B. 1035, 2019-2020 Reg. Sess. (Ex. DUT-CA-017) (died Nov. 30, 2020), and Cal. Evid. Code § 669 (Ex. DUT-CA-013) ("The failure of a person to exercise due care is presumed if: (1) He violated a statute, ordinance, or regulation of a public entity"), which presumes negligence from the violation of a statute or regulation; Colorado: S.B. 20B-011, S.B. 21-080 and H.B. 21-1074 (Ex. DUT-CO-018; Ex. DUT-CO-020; Ex. DUT-CO-013) (postponed indefinitely Nov. 30, 2020, Mar. 8, 2021 and Mar. 11, 2021; each conditioned on good-faith compliance with "applicable guidelines" or the absence of a "failure to comply with public health guidelines"), and the Premises Liability Act, Colo. Rev. Stat. § 13-21-115 (Ex. DUT-CO-014); Pennsylvania: Governor's Veto No. 19, H.B. 1737 (Nov. 30, 2020) (Ex. DUT-PA-011) ("Providing immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public, its employees and is not in the public interest. ... We should not be providing protection for noncompliance or carelessness."); H.B. 1737, P.N. 4625 (Ex. DUT-PA-012) (not enacted); Order of the Governor for Mitigation, Enforcement, and Immunity Protections, § 14 (Nov. 23, 2020) (Ex. PA-023) (the Commonwealth's only executive business immunity, "only as related to enforcement of" the face-covering order). Each unenacted or vetoed bill is legislative history, recorded as not enacted, and is cited as the source of no duty. ↩
  198. Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 2021 OK 68 (Okla. Dec. 14, 2021) (Ex. DUT-OK-019) ("At the time that the Governor issued the emergency orders, he did so within the full authority statutorily granted by the Legislature ... The orders expressed the public policy of the State of Oklahoma for the period the orders were effective"); Grisham v. Reeb, 2021-NMSC-006 (N.M. Nov. 5, 2020) (Ex. DUT-NM-012); Lujan Grisham v. Romero, 2021-NMSC-009 (N.M. Feb. 15, 2021) (Ex. DUT-NM-013) (the Governor and Secretary "authorized to restrict or close businesses when necessary for the protection of public health"); In re Abbott (5th Cir. Apr. 7, 2020) (Ex. DUT-TX-021) ("when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some 'real or substantial relation' to the public health crisis"); Big Tyme Invs., L.L.C. v. Edwards, No. 20-30526 (5th Cir. Jan. 13, 2021) (Ex. DUT-LA-014) ("The district courts' orders denying injunctive relief are AFFIRMED"); Friends of Danny DeVito v. Wolf, 227 A.3d 872 (Pa. Apr. 13, 2020) (Ex. DUT-PA-020); Lawrence v. Colorado, No. 1:20-cv-00862 (D. Colo. Apr. 19, 2020) (Ex. DUT-CO-012); Newsom v. Superior Court (Gallagher) (Cal. Ct. App. May 5, 2021) (Ex. DUT-CA-018). Each is an adjudication and is cited as one, not as a duty. ↩