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
Ag Secretary Brooke Rollins told RFD-TV’s Kirbe Schnoor what steps the Administration might take to alleviate water issues (i.e. enlarging dams, building more reservoirs).
RFD-TV Ag Law & Tax Expert Roger McEowen outlines the top ten agricultural law and taxation topics from 2024 that will impact farmers and ranchers the most in 2025.

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:

Members from across the state will gather for competitions, workshops and leadership opportunities.
DOJ and USDA investigate beef industry concentration, with Big Four packers under scrutiny and a major settlement announcement expected later this week.
Growth Energy CEO Emily Skor joins us to discuss the uncertain path for year-round E15 sales and the next steps as the issue heads toward a standalone House vote after it was stripped from the Farm Bill.
The new county maps show farm program payments are widespread, but payment design still produces very different outcomes across regions and crops. AgriSompo’s Brooks York joins us to discuss the role of crop insurance in supporting mental health.
Nebraska cattle rancher Joe Van Newkirk joins us to discuss wildfire recovery in Nebraska’s Sandhills athe challenges ranchers face restoring basic infrastructure after the fire.
Seasonal pricing strength is lining up with crop stress, giving wheat producers another weather-driven marketing window. Shaun Haney joins us to discuss concerns from ag bankers on farm profitability.