Business

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.”

January 27, 2026 02:53 PM • 
Marion Kirkpatrick, RFD NEWS STAFF

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
a close up photo of a soybean pod held by a little girl blurred in the background, Jenny Mennenga, 08_31_16_USA_IL_Garst_Seed_Company_009.jpg
Firm to Farm
Firm to Farm: IP Beyond the Seed — Protecting On-Farm Innovations in the Era of High-Tech Farming
Navigating Intellectual Property on the Modern Farm
April 07, 2026 07:00 AM
 · 
Roger A. McEowen
a baked pear pie covered in sugar on a black countertop_Cristen Clark_FarmHER S1_Ep 11
Washington Policy
U.S. Sugar Policy Debate Balances Costs and Stability
The sugar policy debate affects prices, trade, and farm stability.
April 07, 2026 05:00 AM
 · 
Tony St. James
McBpFfDi.jpg
Stock Shows
Aggieville Showdown Brings Competition and Community to Kansas
Organizers say the event helps bridge the gap between producers and consumers
April 06, 2026 02:31 PM
 · 
Neal Burnette-Irwin
0tq7ihpO.jpg
Rural Health
Rising Long-Term Healthcare Costs Pose Growing Threat to Farm Family Legacies
Roger McEowen discusses how long-term healthcare costs for elderly Americans are reshaping estate-planning decisions for farm families and what producers should consider moving forward.
April 06, 2026 02:23 PM
 · 
Marion Kirkpatrick
mEiMYAwI.jpg
Agriculture
#Plant26: Mississippi Farmers Navigate Drought Conditions and Rising Costs as Planting Season Kicks Off
Farmer Jeffry Mitchell with the Mississippi Farm Bureau joins us for a spring planting update from the southeast region as drought, input costs, and fertilizer access complicate crop progress.
April 06, 2026 02:04 PM
 · 
Marion Kirkpatrick
FFQ6aa2i.jpg
FFA Today
FFA Today: Virginia FFA Celebrates 100 Years of Agricultural Education
Milestone will be celebrated at the 100th State FFA Convention this summer
April 06, 2026 01:55 PM
 · 
Neal Burnette-Irwin
Load More

Environmental Law WOTUS Land & Water Management EPA Industry Concerns Ag Education & Resources
Marion Kirkpatrick
Marion Kirkpatrick
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:

gFyEyJuw.jpg
Livestock
Nebraska Cattlemen on Wildfires: ‘Everything you’ve worked for, for generations—gone in five minutes.’
Nebraska Cattlemen’s Association President Craig Uden shares the latest on Nebraska wildfire conditions, discusses challenges facing producers, and outlines relief efforts underway.
March 20, 2026 01:21 PM
 · 
Marion Kirkpatrick
CHIUEEzW.jpg
Livestock
March Cattle-on-Feed Report Expected to be ‘Friendly’ as Biosecurity Threats Add Pressure to U.S. Herds
Ranchers have a lot going on at the moment, but some ‘friendly’ news could be coming with this month’s Cattle-on-Feed Report from the USDA.
March 20, 2026 12:32 PM
 · 
Marion Kirkpatrick
BKuUSoxG.jpg
Immigration
New CDL Rule Limits Eligibility for Certain Immigrant Truckers, Potentially Driving Up Freight Costs
The Trump Administration’s new rule limiting CDL renewals for immigrant truckers is seeing mixed reactions in agriculture. While some support the change, it is raising concerns about higher freight costs and impacts on U.S. grain export competitiveness.
March 19, 2026 02:35 PM
 · 
Tony St. James
farming taxes accounting money_adobe stock.png
Rural Money
Long-Term Farm Borrowing Costs Likely Stay Elevated, Increasing Reliance on Insurance and Subsidy Programs
Farm CPA Paul Neiffer explains the updates to crop insurance subsidies, additional benefits for new farmers, and eligibility considerations for those entering the program.
March 19, 2026 02:12 PM
 · 
Tony St. James
EzUkA75i.jpg
Business
Right-to-Work Pressure: Legal Group Urges JBS Strikers in Colorado to Resign from Union, Cross Picket Line
As the strike at a JBS facility in Colorado continues, the National Right to Work Foundation is encouraging some employees to consider returning to work. The group says not all workers on strike may want to participate and urges those who choose to cross the picket line to resign from their union memberships.
March 19, 2026 01:49 PM
 · 
Marion Kirkpatrick
southwest_arizona desert sunset catus_adobe stock.png
Rural Health Matters
Rural Health Matters: Navigating Nutrition in ‘Food Deserts’
Dr. Jeffrey Gold discuss nutrition challenges in rural communities, barriers to healthy food access, and ways to improve dietary outcomes this week on Rural Health Matters.
March 19, 2026 01:34 PM
 · 
Marion Kirkpatrick
Load More