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
As we continue our Countdown to Convention presented by Culver’s, we meet some of the people who help bring the event to life.
Shaun Haney, Host of RealAg Radio, discusses President Trump’s move to halt trade talks with Canada and Mexico over a commercial about tariffs launched by the Government of Ontario.
Input costs are top of mind for farmers, as they contribute to higher prices and smaller profits.
The President’s trip to Asia this week follows a trade mission by the Iowa Soybean Association. Farmers say they were reminded that U.S. soybeans have an international reputation that can be easy to take for granted here at home.
The review signals renewed scrutiny of China’s agricultural trade pledges and could reshape farm export opportunities depending on its outcome.
The U.S.-Japan tech pact signals long-term investment in bio-innovation, connectivity, and secure supply chains — all of which can strengthen rural manufacturing, ag exports, and digital infrastructure critical to the next generation of farm productivity.

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 Christina Woerner McInnis joined us to discuss the next episode of “FarmHER + RanchHER” and her decision to run for Alabama Ag Commissioner.
The U.S. pork industry is staying vigilant in keeping its supply safe from foreign animal diseases like African Swine Fever.
Taiwan’s pledge to expand imports strengthens export prospects for U.S. row crops, livestock products, and specialty commodities, while the USDA’s broader trade push seeks to diversify farm markets globally.
“American soybean farmers—who are already reeling from your sweeping tariffs—deserve better.”
FarmHER Laura Adams raises cattle in Georgia, overcoming family tragedy with the help of Farm Dog of the Year, Skippy.