Ok, here's a wild, half baked idea, which I have probably argued against before but time for some fun while we wait...
Cliffs serves the notice of appeal on the gounds that it really is in the publics' good or some other reason but they never intend to wait the 6 to 8 months for their day to start their argument in front of appeals court, which then will take another 6 to 8 months to decide. (~16 months X $4M/per month standstill = $64M)
All the while, Cliffs has a large investor, who they have explained the real Plan B and has the money to buy KWG/CCC but needs the route to get financing for the mine, concentrator and furnace.
Cliffs needs the road and the courts aren't going to give them it. There is no other choise but Plan B.
First Cliffs tops up from 16.3% to 19.9%.
Then they notify KWG to get the evaluation.
At the same time, Cliffs lets it be known to certain key KWG investors or houses that they will might be starting a hostle takeover. They make their side deals.
Cliffs launches a hostile takeover and start buying.
This catches KWG by surprise as they didn't have time to secure the RR financing.
Cliffs finally completes the takeover and gets KWG, the transport corridor, all of BD, 80% of BH.
Cliffs cancels the appeal.