Firm to Farm: The Rise of ‘Lawfare’ in Agriculture — The Top 10 Ag Law and Tax Developments of 2025

Roger McEowen explains the concept of “lawfare” — the use of legal systems to intimidate or financially exhaust an opponent — which grew into a central theme of U.S. ag law in 2025.

Justice with grain fields behind

Photo by Rosso and fotoinfot via Adobe Stock

In 2025, the concept of “lawfare” (the use of legal systems to intimidate or financially exhaust an opponent) became a central theme in American agriculture. The most prominent example of this trend was the federal prosecution of Charles and Heather Maude, fifth-generation ranchers in South Dakota. In 2024, the Maudes were indicted on federal felony charges of “theft of government property.”

The case centered on a 75-year-old fence line and a 25-acre parcel of the Buffalo Gap National Grasslands. The Maudes had managed the land cooperatively with the U.S. Forest Service (USFS) for decades, and the fence in question had been recognized in every permit renewal since the 1950s.

Rather than a civil boundary adjustment, the government pursued criminal indictments. Armed federal agents served the couple, who were charged separately, forcing them to hire individual attorneys and effectively doubling their legal costs.

Following a massive public outcry and a change in federal administration, the charges were dropped in April 2025. Agriculture Secretary Brooke Rollins labeled the case “government regulation by prosecution” and a “politically motivated witch hunt.”

The Maude case exposed a “chilling effect” on ranchers who rely on federal grazing permits. To prevent future lawfare, the USDA launched a “Lawfare Complaint Portal” in late 2025, allowing producers to report similar instances of overzealous enforcement.

By the end of 2025, the portal had already received hundreds of submissions. Many of these reports echo the Maudes’ experience – minor civil boundary or grazing disputes that were escalated into felony criminal cases by federal agencies.

Additionally, the newly formed Farmers First Lawfare Advisory Council began monitoring cases involving eminent domain and environmental mandates. These developments signal a shift in 2026 toward protecting individual property rights over the administrative convenience of federal agencies.

The fallout from these developments has led to a major reorganization of the U.S. Forest Service (USFS) and other land management agencies.

In June 2025, the USDA rescinded the 2001 Roadless Rule,[1] a move intended to restore local control and reduce the regulatory burden on nearly 59 million acres of forest and grasslands.

[1] 90 FR 42179.

Related Stories: Firm to Farm
In his latest Firm to Farm blog post, Ag Legal & Taxation Expert Roger McEowen examines contracts, insurance, and property rights and how those legal processes can impact your farm or ranch operation.
Digital contracts are becoming more common for farmers and ranchers, which means some unique legal issues might arise. RFD-TV’s farm legal expert Roger McEowen briefly examines those.
The IRS recently issued its 2024 guidance on the extended replacement period for drought (and other weather-related) livestock sales. RFD-TV Ag Legal & Tax expert Roger McEowen discusses the IRS’ extension of the replacement period for livestock sold due to weather-related conditions.

LATEST STORIES BY THIS AUTHOR:

Just how much are probate fees? How are they determined? That is the topic of today’s Firm to Farm blog post by RFD-TV’s Agri-Legal Expert Roger A. McEowen.
The distinction between co-tenancy and joint tenancy and why it matters — is the topic of today’s Firm to Farm blog post by RFD-TV Agri-Legal Expert Roger McEowen.
What are the relative advantages and disadvantages of the split-interest transaction? And what are the rules when property that was acquired in a split-interest transaction is sold? That is the topic of today’s blog post by RFD-TV Agri-Legal Expert Roger McEowen.
A split-interest transaction involves one party acquiring a temporary interest in the asset (such as a term certain or life estate), with the other party acquiring a remainder interest. That is the topic of today’s Firm to Farm blog post by RFD-TV Agrilegal Expert Roger A. McEowen.
As I try to catch up on my writing after being on the road for a lengthy time, I have several recurring themes in my legal work. Another potpourri of random ag law and tax issues — that is the topic of today’s Firm to Farm blog post by RFD-TV Agrilegal Expert Roger McEowen.
In today’s blog post, RFD-TV Agri-Legal Expert Roger A. McEowen shares some random thoughts on land value and transitioning your farming or ranching business to a new generation.