As it should be. If we are sending 2,000 people into a confined space for up to 7 days without any essential need in a pandemic - and in dozens of instances every week - then we do need to hear from the scientist first.
It is not the CDC's responsibility to frame its rules to provide for profitability against public health risks. Economics will take care of it. If profits were a concern, we wouldn't see the cruises running in Italy.
The investment in the infrastructure is long term. The CDC's self-education of the industry is a one-time effort. Establishing shoreside quarantine and medical care facilities is a non-recurring investment. In a race to secure summer 2021 profits, say, we drop these investments and the CSO and sail with vaccinated passengers. What's going to happen in the fall or next winter when boosters are needed? What's going to happen when the next virus that doesn't have a vaccine yet is upon us? It will be another painful shutdown.
I agree that the CDC needs to give the issue a higher priority now that the vaccination process is in a steady state. But, if the delay is because they don't understand the business well, it is the industry's responsibility to work with them and educate them. Filing lawsuits is simply going to add more delay to the process.
I guess my viewpoint is just different than yours. I have represented clients who were on the unreasonable end of government action, and it is beyond frustrating. Federal agencies have extreme power and nobody to really answer to (not even the courts in most cases). They move at an infuriatingly slow pace while your client's business suffers, and they don't even care. I have seen it many times in my career.
Don't get me wrong, I am not anti-government or science. I am liberal and think government plays an important role in a modern society, and should play a critical role in addressing a pandemic. But, I disagree that scientists with no real-world experience should be the sole source of any regulation shutting down an entire industry. All policy should seek to find a risk/reward balance that is in the best overall interest of people, and the best policy will have input from experts in many fields. An agency's inability to understand how policy will impact business and individuals is one of the reasons federal law requires agencies to get input before making major rules, which the CDC didn't actually do here. To the extent the industry didn't give input, they didn't have the normal and legally required platform to do so, and from interviews I read, the lines claim the CDC wasn't open to their input. Admittedly, that seems to be changing recently.
As for profit, if the regulations are so harsh as to prevent sailing at a profit - of even breaking even - then they are no different than a blanket ban. If that is what we want as a society, then I would rather see a blanket ban instead of a hidden ban via unreasonable regulations.
Do you have a link to Italy's requirements? Even if similar, I doubt they are an onerous. I don't think cruise lines are simply refusing to comply with the technical guidance in the U.S. out of spite. I am sure they would, or will, move forward if there is a financial path that makes sense.
In any case, I think we agree on more than we disagree on. I appreciate your pushback and it pushing me to think about my position critically. Variants are a concern and I am not asking for all precautions to be thrown out. I do think they could be more reasonable and the CDC should release the full guidance ASAP instead of doing it piecemeal and six months at a time.