they couldn't implement the rule because of the legal challenge. now that has been taken out of the way i expect a whole bunch of regulation.No. Clearly I don't or I wouldn't call it a "monumentally stupid" cost...or tax.
But the reality is, according to the article it hasn't yet been implemented, no one has paid it, thus no one has yet been harmed by the tax. It's no different than not being able to charge someone for a crime before they commit a crime.
If the tax...or fee...is ever implemented there will be several reasons to challenge it again.