. pt. 430) (Supplement to Energy Conservation Program: Energy Conservation Standards for Consumer Water Heaters, 88 Fed. Reg. 49058 (Jul. 28, 2023) (to be codified at 10 C.F.R. pts. 429, 430)).10 A Joint Resolution Providing for Congressional Disapproval Under Chapter 8 of Title 5, United States Code, of the Rule Submitted by the Department Of Energy Relating to "Energy Conservation Program: Energy Conservation Standards for Consumer Furnaces,” S.J. Res. 58, 118th Cong. (2024).11 Energy Conservation Program: Energy Conservation Standards for Consumer Furnaces, 88 Fed. Reg. 87502; Energy Conservation Program: Energy Conservation Standards for Consumer Water Heaters, 88 Fed. Reg. 89330.12 Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 89 Fed. Reg. 11434 (Feb. 14, 2024) (to be codified 10 C.F.R. pt. 430) (Direct Final Rule).13 Id.; Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 88 Fed. Reg. 6818 (Feb. 1, 2023) (to be codified at 10 C.F.R. pts. 429, 430). DOE issued the final rule as a direct final rule and simultaneously published a Notice of Proposed Rulemaking (NOPR) that contains identical standards. Interested parties have until 15 March 2024 to submit comments. If those provide a reasonable basis for doing so, DOE will withdraw the direct final rule and proceed under NOPR. Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 89 Fed. Reg. 11548 (Feb. 14, 2024) (to be codified 10 C.F.R. pt. 430) (Notice of Proposed Rulemaking).14 Id.15 U.S. Dep’t of Energy, DOE Finalizes Cost-Saving Efficiency Standards for New Cooking Products, Based on Recommendations from Manufacturers and Consumer Advocates, ENERGY.GOV (Jan. 29, 2024), https://www.energy.gov/articles/doe-finalizes-cost-saving-efficiency-standards-new-cooking-products-based-recommendations#:~:text=The%20efficiency%20standards%20being%20adopted,including%20manufacturers%2C%20the%20manuf

s point, local governments and the courts have taken centerstage in the gas stove wars, but the Consumer Product Safety Commission (“CPSC”) and Department of Energy (“DOE”) are both considering detailed rulemakings on the health effects of gas appliances.5 How the Executive Branch ultimately decides to position itself in the debate may ultimately determine how consequential the unsettled court cases will be.For now, the regulation of gas stoves not only remains a key focus of the CPSC and DOE, but a growing litigation target.142 U.S.C. § 6297(c)2City of Berkeley, California. Ordinance No. 7,672-N.S.3Cal. Rest. Ass’n v. City of Berkeley, 547 F. Supp. 3d. (N.D. Cal. 2021).4Cal. Rest. Ass’n v. Berkeley, 9th Cir., No. 21-16278, 4/17/23.5https://www.cpsc.gov/About-CPSC/Commissioner/Richard-Trumka/Statement/CPSC-Approves-Request-for-Information-on-Gas-Stove-Hazards-and-Potential-Solutions; Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products, 88 Fed. Reg. 6818 (proposed Feb. 1, 2023).