This definitely has the sting of bitterness in it, I doubt djb would have filed this suit if NTRU Prime would have won the PQC NIST contest. It's hard to evaluate this objectively when there are strong emotions involved.
The lawsuit is because they refused to answer his reasonable and important FOIA in a timely manner. This is not unlike how they also delayed the round three announcement.
The behavior in question by NIST isn’t just alleged - look at the FOIA ( https://www.muckrock.com/foi/united-states-of-america-10/nsa... ). They’re not responding in a reasonable or timely manner.
Does that seem like reasonable behavior by NIST to you?
To my eyes, it is completely unacceptable behavior by NIST, especially given the timely nature of the standardization process. They don’t even understand the fee structure correctly, it’s a comedy of incompetence with NIST.
His FOIA predates the round three announcement. His lawsuit was filed in a timely manner, and it appears that he filed it fairly quickly. Many requesters wait much longer before filing suit.