I should have been more clear. Any administration that chooses to turn the cash NWS back on wouldn't need to fear any legal repercussions during that administration because lawsuits take so darn long to go through the system. By the time "Uncle Sam" has to pay anything back to the companies or shareholders, the administration that turned the cash sweep back on will have long since spent the money and be out of office.
It's not that I don't think those lawsuits can succeed, but instead that they are not at all guaranteed to, and if nobody has yet stepped up with the requisite time/money/expertise to file a lawsuit against all of HERA, it is hard to believe that it will ever happen.
I do appreciate your points, and there would almost certainly be some sort of legal action were the cash sweep to resume. Hopefully sooner than that!