USAPA is a dead man walking. They are probably less than three months away from total inhilation. The APA can easily orchestrate a SLI that is CONSISTANT with MB just as the MOU requires. Silvers ruling is really quite clever. There is no East/West party to the MOU just the pilots of us air...the unfortunate "USAPA" pilots. There is only one safe blended list available to the APA. We know what that is. The East will find it impossible to prove that the use of the Nic violates any laws whatsoever.
If they don't like it, the East can always form an LLC, Litigate, fund it themselves, and find out 15 years from now If the APA using the Nic was an actual DFR or not.
In any event, USAPA is dead and is Judicially Barred from making a peep after the APA and the West crushes them into the dirt. This is what "laying in the bed you made" looks like.