Team Penn has conceded that NSAC won't do anything, and they are now trying to get NSAC to make an official ruling against them so they can take the issue to court:
While addressing the NSAC, Penn's attorney appeared anxious to exhaust all avenues of action from the commission in order to take his complaint to a different venue.
"This whole process, and I've indicated this to you before, is relating to the administrative procedures – that we have to exhaust administrative procedures for us to move forward with this issue," Nahabedian said. "I need to have the commission make a definitive statement as to their decision, and I would request that the commission provide us with information relating to these motions represented because they are directed to the commission. They're not directed to anybody else."
In order to bring this issue into a Nevada court, Penn must exhaust all administrative remedies. His lawyer is trying to urge a swift judgment that he knows will be adverse so he can take the next step and bring suit. NSAC for its part appears to be in no hurry to take any action. This thing could get ugly even faster in court. If Penn files suit St. Pierre will undoubtedly respond with counterclaims of his own.
I don't know what Penn's angle is, and I don't know anybody besides the true believers that think he is doing this because he is so concerned about justice. Maybe he's trying to bring down St. Pierre out of spite, or maybe he's trying to get himself a rematch with St. Pierre. The latter sounds a bit conspiratorial, but it would be an interesting strategy to file suit and then condition dropping it upon St. Pierre agreeing to fight him again.
It's almost hard to remember the days when I had so much respect for BJ Penn. I really think that the realization that he's not a better fighter than St. Pierre has crushed him mentally, and he's doing everything he can to try to convince himself it wasn't legitimate. If it means spending hundreds of thousands of dollars in legal fees to bring St. Pierre down, he's willing to go there.
I almost think they should just do a third fight if both of them win their next fights. There are no clear contenders at their weight classes after Florian and Alves, and the issue remains unsettled. The octagon is there to put things to rest, and as apathetic as I am about a third fight, the idea of GSP vs. Mike Swick doesn't exactly sound amazing to me either.