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Kaleb Walker and Scott Greer of King & Spalding. (Courtesy photo)

In the rapidly evolving landscape of COVID‑19 response, many states, counties and cities throughout the United States have taken drastic measures, including issuing executive orders halting all nonessential businesses. To provide direction on what businesses are essential, the U.S. Department of Homeland Security (DHS) has issued guidelines recommending that essential critical infrastructure workers (including construction workers in the energy industry) be allowed to continue working during the COVID‑19 response. Though the DHS guidelines are just that—nonbinding guidelines for states to consider—they have impacted many states’ stay‑at‑home orders and are of significant value to project owners in responding to such orders.

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