The government does use eminent-domain like powers for patents: https://en.wikipedia.org/wiki/Government_patent_use_(United_.... But using eminent domain costs money (the government must pay "just compensation"). That's a hard sell here. Take, for example, the ASTM standard on diesel fuel (an example used in the opinion). Only companies selling diesel fuel have to know what's in the standard--they are the ones charged with following the law, not Joe Everyday on the street. Using eminent domain would vindicate the abstract principle that the law should be freely accessible, but as a practical matter it would just save a few bucks for big companies that can afford to pay for the standards.

The law is the law though. If you can afford to lobby to have your standard become law, then you should have made your business plan more robust than charging people to know the law.

I don't really care that the standards organizations lose money from big corporations when thousands of small businesses gain free legal access to the laws governing their industry.