good question.
my guess would be because as soon Toxic Charlie gives up and caves in, WGAS is done and the ATM gets shut off.
now that Mustang is gone, WGAS is left with no cash flow from any operations, so Volk wants to keep the public market ATM operating as long as he can, milking the hope that is produced by very carefully crafted PR's like the one we saw recently - no real details, just hope.
but Toxic Charlie has been busy setting up other corporations, so he has a safety net/bailout plan if things don't go his way in his upcoming last gasp in the courts with WGAS.