COVID-19: State and Local Shut-Down Orders and Exemptions for Critical Infrastructure

"Since the onset of the Coronavirus Disease 2019 (COVID-19) pandemic in the United States, public officials have issued numerous emergency directives closing non-essential businesses and facilities and instructing non-essential workers to stay home. However, these directives have generally included exemptions for essential businesses and other facilities if they are part of a critical infrastructure sector or provide essential services.

Some business leaders have invoked federal authorities and guidelines when contesting state or local orders that would affect their operations. Uncertainty about what systems, assets, and facilities are part of a federally recognized critical infrastructure sector, and what (if any) official status is conferred to a company that is a participant in such a sector, may complicate both administration of emergency directives and impact private-sector management of critical infrastructures and workforces.

This Insight provides an overview of the federal critical infrastructure protection and resilience policy framework and discusses its relevance and potential application to the management of essential systems, assets, facilities, and workforces subject to state and local emergency orders..."
COVID-19 and shutdowns