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:

Roger McEowen with the Washburn University School of Law joined us to provide legal insight and context on these issues facing agriculture. Today, he discusses pesticide litigation.
Sen. Deb Fischer reintroduces the HAULS Act to update hours-of-service exemptions and definitions affecting livestock and agricultural haulers. She joins us on Market Day Report to share more about her proposed legislation.
Strong crush demand and rising ethanol production are pressuring feedstocks, as traders monitor storage risks and supply chain uncertainty and await the upcoming January WASDE report.
The U.S. Meat Export Federation plans to expand its global market presence in the New Year and says it is focusing its appeal on the growing middle class worldwide.
New World Screwworm cases in Mexico, including one within 200 miles of the U.S. border, are adding pressure to livestock markets and trade decisions.
Dr. Seth Meyer Concludes Service; Dr. Justin Benavidez Appointed USDA Chief Economist