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
Fuel costs are shaping food and demand patterns.
High prices alone may not drive herd expansion.
New farm bill amendment renames the 1890 National Scholars Program after Rep. David Scott, highlighting support for HBCU ag education.
Kubota Tractor Company President and Army National Guard Veteran Alex Woods discusses the company’s Military Appreciation Month initiatives and long-term support programs for veterans in agriculture.
Dr. Jeffrey Gold explains how springtime brings seasonal changes to agricultural operations and, with them, renewed concerns about safety, allergies, and mental health this week on Rural Health Matters.
ASFMRA’s Dennis Reyman joined us to discuss planting progress, crop trends, grain movement, and farmland market activity in Iowa.

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:

Rising global supplies may cap soybean price strength, while sorghum prices hinge heavily on China’s export demand.
AFBF Economist Dr. Faith Parum break down new survey findings on fertilizer affordability and producer sentiment heading into the 2026 growing season.
Sen. Roger Marshall joined us to discuss rising input costs, farm support efforts, and legislation aimed at strengthening domestic fertilizer supply.
Charly Cummings with Superior Livestock Auction joined us to discuss today’s cattle offering, market demand, and what producers should watch as they plan upcoming sales.
David Fisher with the American Lamb Board joined us to discuss a new sustainability program designed to boost producer profitability while supporting stewardship practices.
David Gruchot with USDA APHIS joined us to discuss the growing threat of invasive pests and the steps individuals can take to help protect U.S. agriculture.