USAPA has been in three separate federal courtrooms related to a DFR violation for not implementing the NIC. Each of those courts issued strong warnings to USAPA (or a judgement against along with an injunction in the case of Wake) if they stray away from using the NIC. The Company has all but said that they believe a non-NIC list would be illegal for USAPA and very well may create a significant liability for the Company. So while anyone may sue, only using a non-NIC list carries with it the warnings from three separate federal courts.