So context: a long while back, there was a Kickstarter mlp dating sim "in development" known as "Dark skies" and the character designs look pretty nice and I want to make art of them, but considering what happened (long story short, it was a scam that fooled the backers, va's, and character artist.) I don't know if that would be in poor taste. I'd like some other opinions. I just don't wanna step on anyone's toes or, hooves.

If you want to make fanart of the any character, you'd normally have to ask the character owner and get their blessings since they retain the rights to takedown any artwork featuring their characters.
However, considering that Dark Skyes seem to be a failed prank from a rather controversial person, I don't think the character owner would care.

It would be in poor taste for those who got scammed, but it would probably fly over the heads of people who haven't heard of it or just don't care.
I'm not that into the MLP community, so you'd have to ask them if people are going to be offended or upset by the fanarts of characters owned by a scammer.