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
Nationwide Agribusiness joins us in honor of National Safety Month, sharing some steps employers and workers can take to stay protected on the farm.
Keeping a close eye on Capitol Hill, farmers and ranchers wait with bated breath as President Trump’s “One Big Beautiful Bill” heads to the Senate. AFBF economist Danny Munch joins us for a closer look.

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:

Geomagnetic storms have been occurring with increased frequency in space this year, with significant consequences for agriculture.
Crop diseases and pests are taking a toll on Kansas corn. Two crop experts from Kansas State University share tips for producers dealing with cutworms and armyworms.
The Illinois Farm Bureau shows how hemp can regenerate the earth and boost rural economies.
Betsy Jibben with Ag Market Consulting takes us behind the scenes on report day with AgMarket.net.