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:

FarmHER Katey Jo Evans of The Frozen Farmer joins us for a sneak peek of the latest episode of Dirt Diaries: The FarmHER + RanchHER Podcast.
Winter weather will challenge livestock producers working to rebuild their herds despite harsh conditions.
As we gear up for the big event, Team BUBBA’s Brent Chapman of Kansas joined us on Wednesday’s Market Day Report to talk preparation, teamwork, and the state of competitive bass fishing.
House lawmakers are expected to vote late this afternoon to end the longest government shutdown in U.S. history. The bill they are voting on includes some big priorities for Rural America.
A Reuters report shows China has a soybean “glut,” finding stockpiles at Chinese ports are at record levels, with crushers there holding the most supplies since 2017.
Once a year, Army crew chiefs and Black Hawk mechanics undergo live aerial gunnery training—loading, firing, and practicing the teamwork they’ll need in real missions.