His defense should be that he "relied upon" the initial decision. The government shouldn't be able to just change its mind... its equivalent to a taking.
Considering that this is in North Dakota, the rainfall is very minimal. There would be more mosquitos from farm ponds and creeks.
Why not suspend bat houses over, say, everytenth tire column?
May as well try it, but he won't win.
The examples are numerous, it would quite a chore to catalog them.