42 C.F.R. § 70.2
Measures in the event of inadequate local control
Whenever the Director of the Centers for Disease Control and Prevention determines that the measures taken by health authorities of any State or possession (including political subdivisions thereof) are insufficient to prevent the spread of any of the communicable diseases from such State or possession to any other State or possession, he/she may take such measures to prevent such spread of the diseases as he/she deems reasonably necessary, including inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of animals or articles believed to be sources of infection.
Notes of Decisions
Cited in 24
cases (23 in the last 5 years), 2020–2025 · leading case: Alabama Assn. of Realtors v. Dep't of Health & Human Servs., 594 U.S. 758 (2021).
Alabama Assn. of Realtors v. Dep't of Health & Human Servs., 594 U.S. 758 (2021). “” See also 42 CFR §70.2 (2020) (delegating this authority to the CDC).”
Richard Lee Brown v. Sec'y, U.S. Dep't of Health & Human Servs., 4 F.4th 1220 (11th Cir. 2021). “See 42 C.F.R. § 70.2 . 3 USCA11 Case: 20-14210 Date Filed: 07/14/2021 Page: 4 of 97 several income qualifications, including that she expects to earn “no more than $99,000” in 2020 (or $198,000 if she files a joint tax return).”
Tiger Lily, LLC v. HUD, 992 F.3d 518 (6th Cir. 2021). “See 42 C.F.R. § 70.2 . Shortly after the CDC issued the Halt Order, Congress passed the Consolidated Appropriations Act, which extended the Halt Order from December 31 to January 31.”
Darby Dev. Co., Inc. v. United States, 112 F.4th 1017 (Fed. Cir. 2024). “§ 264 ) as well as 42 C.F.R. § 70.2 . Id. at 55292–93, 55297.”
Chambless Enter. L L C v. Redfield (W.D. La. 2020). “§ 264 and 42 C.F.R. § 70.2 , which, they assert, limit the CDC to control the interstate spread of disease by conventional, specific, disease-prevention measures, such as disinfection, fumigation, and pest extermination, that do not involve extensive control over human activity.”
Skyworks, Ltd. v. Centers for Disease Control & Prevention (N.D. Ohio 2021). “§ 264 , and 42 C.F.R. § 70.2 , and affirmatively disclaiming promulgation of a rule under the Administrative Procedure Act, the CDC “determined the temporary halt in evictions in this Order constitutes a reasonably necessary measure .”
Alabama Ass'n of Realtors v. United States Dep't of Health & Human Servs. (D.D.C. 2021). “§ 264 (a), and 42 C.F.R. § 70.2 . 85 Fed. Reg. 55,292 (Sept.”
Alabama Ass'n of Realtors v. United States Dep't of Health & Human Servs. (D.D.C. 2021). “§ 264 (a), and 42 C.F.R. § 70.2 . 85 Fed. Reg. 55,292 (Sept.”
Vongsvirates v. Rushmore Loan Mgmt. Servs. (E.D. Cal. 2021). “§ 264 (e), 42 C.F.R. § 70.2 , 5 11 U.S.C. § 553 (b)(3)(b) and is seeking criminal penalties under 18 U.”
Vongsvirates v. Rushmore Loan Mgmt. Servs. (E.D. Cal. 2021). “§ 264 (e), 42 C.F.R. § 70.2 , 5 15 U.S.C. § 553 (b)(3)(b) and is seeking criminal penalties under 18 U.”
Health Freedom Def. Fund, Inc. v. Biden (M.D. Fla. 2022). “§ 264 (a); see also 42 C.F.R. 70.2 (delegating regulatory authority under this statute to the CDC).”
Williams v. Ladera Apts. (E.D. Tex. 2021). “§ 264 , and 42 C.F.R. § 70.2 , the First CDC Moratorium protects “covered person[s],” who are defined as “any tenant, lessee, or resident of a residential property who provides to their landlord, or the owner of the residential property, or other person with a legal right to…”
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