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
The White House is now preparing to restore an Endangered Species Act (ESA) rule from the first Trump Administration.
Jerry Cosgrove with American Farmland Trust explains why farmers and ranchers should start their estate planning now.
Elizabeth Strom of the American Society of Farm Managers & Rural Appraisers joined RFD-TV to provide the latest perspective on post-harvest business planning and cropland markets in the Midwest.
University of Nebraska President Dr. Jeffrey Gold joined RFD-TV to provide the latest insights on diabetes and rural health.
Mary-Thomas Hart, with the National Cattlemen’s Beef Association, discusses the latest WOTUS developments and their implications for agriculture.

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:

Over the past decade, Tractor Supply has expanded its support through sponsorships and youth programs, all part of its broader mission to invest in the future of agriculture.
Understanding how these tax provisions interact will be key for farmers planning long-term equipment purchases or transfers within the family.
Lyndsey Smith with Real Ag Radio joined RFD-TV to share a Canadian perspective on the discussions.
National FFA Secretary Luke Jennings joins us to share how he’s feeling heading into the big week and reflect on his year of service.
FFA education inspires Chelsey Keiser to become the first female horse jockey.
Ryan Dunsbergen, soybean product manager for Golden Harvest, shares an overview of their new soybean seed lineup and what growers can expect in 2026.