Swimming World Magazine has the scoop:
A group called "Equity in Athletics" is suing* James Madison University to challenge its decision to eliminate 10 teams. According to the article, the lawsuit will challenge the three-prong test as inconsistent with the 1975 regulation that it purports to interpret. The plaintiffs also argue that the three-prong test is not binding because it is an interpretation of a regulation rather than an actual regulation.
*The article says that the suit has already been filed; but I spoke to someone at EIA who says that it will be filed next week.