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A Publication of the Penn Program on Regulation
March 22, 2025
arlier this month, the World Organization for Animal Health reported the first H7N9 avian influenza outbreak in the United States since 2017. The spread of the avian influenza virus, more commonly known as bird flu, has killed poultry populations worldwide, leading to supply chain disruptions and rising food costs. To date, the bird flu has spread among poultry, dairy cattle, and even farm workers across multiple states, raising fears of a new pandemic.
Fragmented pandemic authority in the United States creates a complex regulatory landscape where federal and state powers often overlap—and sometimes collide. At the federal level, the Pandemic and All-Hazards Preparedness Act establishes the Assistant Secretary for Preparedness and Response to coordinate national emergency health initiatives. In addition, the Public Readiness and Emergency Preparedness Actshields manufacturers and distributors of pandemic resources from liability. Together, these laws structure federal action when novel pathogens emerge.
The U.S. Centers for Disease Control and Prevention (CDC) also maintainssophisticated surveillance systems to detect and assess potential outbreaks. For example, the CDC’s Influenza Risk Assessment Tool evaluates the pandemic threat posed by novel influenza strains. The agency also shares regular public health updates through its Health Alert Network.
Since January 20, the CDC has removed critical bird flu data and analysis from its website. The agency discontinued its weekly influenza surveillance reports without explanation and made avian influenza case details became more difficult to access, raising concerns about regulatory transparency amid an evolving public health threat. Even as it has narrowed access to influenza data, the CDC has accelerated the development of human vaccines against circulating strains of the bird flu virus and reviewed the effectiveness of existing antiviral medications.
Should these preventive measures fail, the U.S. Department of Health and Human Services may declare a public health emergency. Such a declaration would releaseStrategic National Stockpile resources, including 20 million doses of pre-pandemic H5N1 vaccine and antiviral medications. The declaration would also trigger liability protections for vaccine manufacturers under the Public Readiness and Emergency Preparedness Act and authorize the expedited approval of countermeasures.
Since the COVID-19 pandemic, at least 26 states have enacted laws restricting public health emergency powers. Florida now prohibits vaccine mandates during public health emergencies, while Ohio prevents health officials from implementing mask requirements during outbreaks. Born of the political backlash against federal COVID-19 mandates, these restrictions now risk hampering responses to emerging threats such as bird flu.
Balancing centralized expertise and local control remains pivotal to effective governance as new infectious threats emerge. Longstanding legal frameworks enablecoordinated action, but new restrictions on emergency powers threaten the ability of state and federal governments to act rapidly to contain outbreaks. Navigating these tensions will be crucial as governments confront the risks posed by emerging infectious diseases.
In this week’s Saturday Seminar, scholars discuss the scope of government emergency powers during pandemics.
Continued: https://www.theregreview.org/2025/03...emic-response/
March 22, 2025
arlier this month, the World Organization for Animal Health reported the first H7N9 avian influenza outbreak in the United States since 2017. The spread of the avian influenza virus, more commonly known as bird flu, has killed poultry populations worldwide, leading to supply chain disruptions and rising food costs. To date, the bird flu has spread among poultry, dairy cattle, and even farm workers across multiple states, raising fears of a new pandemic.
Fragmented pandemic authority in the United States creates a complex regulatory landscape where federal and state powers often overlap—and sometimes collide. At the federal level, the Pandemic and All-Hazards Preparedness Act establishes the Assistant Secretary for Preparedness and Response to coordinate national emergency health initiatives. In addition, the Public Readiness and Emergency Preparedness Actshields manufacturers and distributors of pandemic resources from liability. Together, these laws structure federal action when novel pathogens emerge.
The U.S. Centers for Disease Control and Prevention (CDC) also maintainssophisticated surveillance systems to detect and assess potential outbreaks. For example, the CDC’s Influenza Risk Assessment Tool evaluates the pandemic threat posed by novel influenza strains. The agency also shares regular public health updates through its Health Alert Network.
Since January 20, the CDC has removed critical bird flu data and analysis from its website. The agency discontinued its weekly influenza surveillance reports without explanation and made avian influenza case details became more difficult to access, raising concerns about regulatory transparency amid an evolving public health threat. Even as it has narrowed access to influenza data, the CDC has accelerated the development of human vaccines against circulating strains of the bird flu virus and reviewed the effectiveness of existing antiviral medications.
Should these preventive measures fail, the U.S. Department of Health and Human Services may declare a public health emergency. Such a declaration would releaseStrategic National Stockpile resources, including 20 million doses of pre-pandemic H5N1 vaccine and antiviral medications. The declaration would also trigger liability protections for vaccine manufacturers under the Public Readiness and Emergency Preparedness Act and authorize the expedited approval of countermeasures.
Since the COVID-19 pandemic, at least 26 states have enacted laws restricting public health emergency powers. Florida now prohibits vaccine mandates during public health emergencies, while Ohio prevents health officials from implementing mask requirements during outbreaks. Born of the political backlash against federal COVID-19 mandates, these restrictions now risk hampering responses to emerging threats such as bird flu.
Balancing centralized expertise and local control remains pivotal to effective governance as new infectious threats emerge. Longstanding legal frameworks enablecoordinated action, but new restrictions on emergency powers threaten the ability of state and federal governments to act rapidly to contain outbreaks. Navigating these tensions will be crucial as governments confront the risks posed by emerging infectious diseases.
In this week’s Saturday Seminar, scholars discuss the scope of government emergency powers during pandemics.
Continued: https://www.theregreview.org/2025/03...emic-response/