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
Farm programs remain small but politically easier to expand.
Export funding aims to strengthen global demand for U.S. commodities.
Investment and access to capital remain critical for agriculture.
Roger McEowen of the Washburn School of Law discusses the lack of legal expertise in rural areas and a new program in Kansas aimed at addressing the issue.
Jake Charleston from Specialty Risk Insurance Agency recapped an Oklahoma auctioneer contest and recent industry events, showing how stakeholder feedback helps insurers gauge market conditions and risk management needs.
Pat Hord with the National Pork Producers Council joined us to recap producer meetings in Washington and discuss key policy priorities including Prop 12 and agricultural labor.

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:

Farmer John Jenkinson shares the latest on planting conditions in Kansas and what producers are facing this season.
Rising input costs may squeeze margins and shift planting decisions. Scott Metzger with the American Soybean Association discusses fertilizer market pressures and what is at stake for farmers as planting season ramps up.
Texas ranchers and lawmakers warn of renewed New World screwworm risks, highlighting prevention efforts, border concerns, and the role of sterile flies in protecting U.S. livestock.
Farm Bureau economist Danny Munch discusses the USDA’s request for feedback on data and research, how such requests work, and what farmers should know about submitting comments before the Thursday, April 9 deadline.
Georgia Ag Commissioner Tyler Harper explains the growing threat of invasive hornets in his state and what Southeastern growers should watch for this spring.
Shaun Haney with Real Ag Radio joined us to break down the USMCA review and what Canadian producers and exporters should be watching in the months ahead.