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
Hunter Biram, an extension economist with the University of Arkansas, is tracking Mississippi River water levels as grain shippers shift their focus to transportation following the wrap-up of fall harvest.
Shawn Haney, Host of RealAg Radio on Rural Radio SiriusXM Channel 147, joined us on Tuesday’s Market Day Report with the latest news from Canada impacting the ag sector.
Dr. Deb Vnoverbeke, UNL’s Head of Animal Science, joins us with more about the university’s experiential learning programs designed to prepare veterinary students for the future of agriculture.
New SDRP funding and expanded loss programs give producers additional tools to rebuild cash flow and stabilize operations after two years of severe weather losses.
The new WOTUS proposal narrows federal jurisdiction, restores key agricultural exclusions, and gives farmers clearer permitting rules after years of regulatory uncertainty.

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:

Soybean farmer and Arkansas Lt. Gov. Leslie Rutledge highlights why the U.S. trade standoff with China is especially critical for Arkansas producers.
NEFB President Mark McHargue provides an update from the Husker State, where farmers are working hard to bring in one of the largest harvests in recent years.
Todd Miller, CEO of Head Honchos, shares about his business offering to ease agricultural labor shortages.
The National FFA Organization hosts the Washington Leadership Conference, where thousands of FFA members gather to learn how to be change makers in their communities.
Having a good read on fuel prices is a must during harvest, but one analyst says grain farmers should also be watching the crude oil markets.
National Farmers Union (NFU) President Rob Larew discusses the urgent need for aid as farm families face mounting input costs and long-term market uncertainty.