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:

Mike Knotts with the Tennessee Electric Cooperative Association joined us with the latest on storm impacts, power restoration, and safety considerations following the ice storm.
Brooks York with AgriSompo joined us with his outlook on crop insurance and risk management following the recent winter storm that tore through most of the United States, including the Midwest.
Placements and marketings beat expectations, but declining on-feed totals and feeder constraints keep the supply story supportive for cattle prices into 2026. Dr. Derrell Peel, with Oklahoma State University, joined us to break down cattle-on-feed numbers and provide his broader market outlook.
USDA Rural Development Director for Kentucky, Travis Burton, joined us to discuss the Princeton facility (formerly Porter Road Meats), now backed by the USDA, and its role in expanding domestic meat processing capacity.
Farm CPA Paul Neiffer joined us to break down the recent Fifth Circuit Court decision overturning a prior Tax Court decision on self-employment tax for limited partners, the ruling’s impact on farmers, and potential next steps in Congress.
Americans for Prosperity Arkansas Director Ryan Norris talks energy infrastructure, regulatory reform, and the role of critical minerals in supporting rural America.