Expert: New WOTUS Rule Could Bring Clarity for Rural Landowners — If It Sticks

Farm legal expert Roger McEowen reviews the history of the Waters of the United States (WOTUS) rule and outlines how shifting definitions across multiple administrations have created regulatory confusion for landowners.

WASHINGTON, D.C. (RFD-TV) — The newly proposed Waters of the United States (WOTUS) rule marks the administration’s latest attempt to finally establish a clear and consistent standard for federal water jurisdiction — an issue that has shaped agricultural policy and created uncertainty for producers for more than a decade. Roger McEowen of the Washburn School of Law joined us on Monday’s Market Day Report to help break down what the rule could mean for farmers and ranchers and to explain how we arrived at this moment.

In his interview with RFD-TV News, McEowen revisited the long, complicated history of WOTUS, outlining how shifting definitions across multiple administrations have created regulatory confusion for landowners. He noted that the new proposal aims to deliver long-awaited clarity by more precisely defining which waters fall under federal oversight. He also walked through several key elements of the proposed rule, explaining how the updated language seeks to balance environmental protection with practical considerations for the ag sector.

As for what comes next, McEowen detailed the upcoming steps in the public review process — including the formal comment period that will allow producers, stakeholders, and the general public to weigh in before the rule moves forward. Looking ahead, McEowen said the big question is whether this proposal will finally deliver the regulatory certainty producers have long sought. While he acknowledged optimism in some areas, he also emphasized the importance of continued engagement from the agricultural community as the process unfolds.

Related Stories: WOTUS
Policy awareness is becoming part of everyday risk management.
NCBA Chief Counsel Mary-Thomas Hart breaks down CAFO permits, EPA enforcement, and what cattle producers need to know as rules continue to evolve.

Marion is a digital content manager for RFD News and FarmHER + RanchHER. She started working for Rural Media Group in May 2022, bringing a decade of digital experience in broadcast media and some cooking experience to the team.

LATEST STORIES BY THIS AUTHOR:

Glyphosate and phosphorus are deemed critical to U.S. national defense, ensuring farmers’ access while signaling a shift toward regenerative agriculture. RealAg Radio host Shaun Haney shares insight on the Trump Administration’s move and what it could mean for U.S. farmers moving forward.
Claire Woeppel, Central Region Vice President with the National FFA Organization, joined us to discuss Alumni Day, the lasting impact of FFA supporters, and why honoring that legacy matters during National FFA Week.
UNL Extension’s Troy Walz discusses the Nebraska Ranch Practicum, where sessions are held, how producers can get involved, and what ranchers can gain from participating in the program.
The Ranger Road Fire in the Oklahoma Panhandle is now 65% contained after burning nearly 300,000 acres over the past week. Kevin Charleston of Specialty Risk Insurance Agency discusses wildfire recovery, livestock insurance considerations, and the importance of preparedness for producers across the Southern Plains.
Ag leaders say President Donald Trump’s State of the Union is unlikely to spark major agriculture headlines, but ongoing tariff uncertainty and trade policy remain key concerns, as does the debate around glyphosate and the status of the next Farm Bill.
Cotton jassid, a invasive pest, is raising concerns for Southeast cotton growers as experts work to understand its impact this season.