If the Biden admin wants to monetize its "investment" for its latest pet projects, it has to get that in place by 2024, after which a Republican administration could come in and use the money elsewhere. So there is time pressure.
After SCOTUS it's unlikely that the NWS can still be successfully challenged legally. The government would have no interest either, because of the time pressure. So further lawsuits against the NWS will most likely be dismissed in advance on flimsy grounds.