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Actually, I think the problem was one of intent. They intended to write a regulation to forbid the sale of tires with high RR values - and they found they couldn't. The physics involved is so complex that simple, easy to understand, easy to administer regulations would not work.
They also discovered that wear, traction, and RR are in a 3 way opposition of each other. That means that if they wanted only low RR tires, they would force people to either buy tires with low traction (Obviously a safety issue) or that wear rapidly (and what do you do with the additional scrap tires?) There was no good answer here.
Besides, the Federal Government (NHTSA) stepped in a started to write a regulation - and that would superceed anything done at the state level.
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