It seems fair, as long as the fines and penalties for continuing noncompliance are backdated to when the initial decision was made, even if they're only due aft

It seems fair, as long as the fines and penalties for continuing noncompliance are backdated to when the initial decision was made, even if they're only due after the last appeal fails. With that setup, if they're confident that they'll come out on top, they can keep tracking while appealing. If they're less confident, they'll pause tracking to prevent the buildup of fines.