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 new approach to animal identification in the cattle industry—that’s the topic of this Firm to Farm blog post by RFD-TV agri-legal expert Roger McEowen with the Washburn School of Law.
Poison Hemlock is an invasive weed in many parts of the U.S., but is currently spreading in Ohio. Ingesting the plant or its seeds is deadly to humans and livestock.

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:

Zachary Lane Bryan, aka Zach Bryan, is an American singer-songwriter from Oologah, Oklahoma. Bryan has taken the country music scene by storm since his rise to fame over the last three years.
Bill Gaither, the founder of one of gospel’s most successful groups and the Gaither Vocal Band, is delighted to showcase his favorite gospel music during Gaither Gospel Hour on RFD-TV.