the question of whether the people who make the game insurgance not afraid that it will be closed as Pokemon uraniun or prism 2016.
This game makes no profit at all which minimizes the chance of being C&D (as well as giving credit to Nintendo on the main screen), if Nintendo was going to C&D insurgence, they would have already done so by now. Of course there is no guarantee, so it is still possible, just hope. If you want a more in-depth answer you can look at one of the other many threads similar to this:
- Nintendo?
- Legality of this game? There are many more if you just use the search for Nintendo or something.