WOTUS and ‘Lawfare’ Emerge as Defining Terms in Agriculture Law for 2025

Roger McEowen, with the Washburn School of Law, offers an in-depth look at two of the top legal issues of 202. Today, he walks through last year’s Waters of the United States (WOTUS) ruling and “lawfare.”

TOPEKA, Kan. (RFD NEWS) — We continue our countdown of the Top 10 Agricultural Law Developments from 2025, highlighting key legal issues that could impact farmers and ranchers in the year ahead. From property rights to input regulations, several developments rose to the top of the list.

Roger McEowen with the Washburn School of Law joined us on Tuesday’s Market Day Report to break down his #3 and #2 top legal issues heading into the new year.

In his interview with RFD NEWS, McEowen explained issue #3 — the growing concept of “lawfare” in American agriculture — and how legal strategies increasingly used to influence policy and land use became a central theme in 2025. He also discussed what that trend could mean for farmers, ranchers, and land management agencies moving forward.

Coming in at #2 on McEowen’s list is a familiar issue for the ag community—the ongoing saga surrounding the Waters of the United States (WOTUS) ruling. He reviewed the major developments from 2025 and shared his expectations for how the final rule could take shape.

READ MORE: FIRM TO FARM

Related Stories
AFBF Economist Nelson joins us to discuss sterile fly production, producer biosecurity practices, veterinary coordination, and potential financial tools to support livestock operations as eradication efforts continue.
Farm groups urged lawmakers to maintain free and fair trade across North America.
The updated lineup helps producers boost efficiency while enhancing operator comfort.
United Soybean Board Director and Missouri farmer Kyle Durham joins us to discuss farmer sentiment, alternative revenue programs, conservation incentives, domestic demand trends, and conditions on his farm this spring.

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:

Farm Journal Foundation veterinarian Dr. Stephanie Mercier discusses USDA’s New World Screwworm eradication, sterile fly production, trade restrictions, biosecurity, and the path ahead for U.S. cattle producers.
On a year-over-year basis, final demand prices are up 6.5 percent, the largest annual increase since late 2022.
Secretary Rollins says the first U.S. calf infected with screwworm responded to treatment and is back to full health.
United Sorghum Checkoff’s Lanier Dabruzzi joins us to discuss National Sorghum Month, consumer awareness, and the increasing demand for sorghum used in gluten-free snacks.
Senate Western Caucus Chairman Sen. Cynthia Lummis of Wyoming joins us to discuss public lands grazing, New World screwworm response efforts, Western Caucus priorities, and policy supporting the future of rural America.