You will be pleased to know the lawsuit has not been mooted out by the passage of HB 4040.  The court requested the parties to file briefs addressing not only the original argument that the delisting was in violation of state law but also to adddress the effect of HB 4040 and whether that bill, since signed into law, has any effect on the lawsuit or whether it violates the separation of powers clause in the state constitution.  So the lawsuit is still proceeding in court.