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
Livestock profits are propping up overall sentiment, but crop producers remain cautious amid tight margins and uncertain policy signals.
Farmers for Free Trade Executive Director Brian Kuehl shares more about the tour to gather farmers’ insights on the economic challenges they face in the ag economy.
Recent U.S.–China trade developments provided a small lift for soy markets, though most traders are waiting for concrete purchase data before making major moves.
According to Ag Secretary Brooke Rollins, the top three soy-crushing companies in Bangladesh agreed to buy $1 billion worth of U.S. soybeans over the next year.
RFD-TV’s farm legal expert, Roger McEowen, digs into the details of both the LRP and the LGM programs, two essential risk management tools for cattle producers.
USDA will meet part of November SNAP benefits under court direction, citing insufficient funds for full payments.
According to the new report, seven out of ten rural bankers support President Trump’s recent trade steps with China, expressing cautious optimism about future export potential.
Laramie Sandquist discusses Nationwide Agribusiness’s commitment to grain bin safety initiatives, including providing life-saving equipment and training to fire departments across the country.

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:

Farmland values remain stable, but weakened credit conditions and lower expected farm income signal tighter financial margins heading into 2026.
Bangladesh recently pledged to purchase 700,000 tons of U.S. wheat and has also become a new buyer of American soybeans.
The White House is now preparing to restore an Endangered Species Act (ESA) rule from the first Trump Administration.
Jerry Cosgrove with American Farmland Trust explains why farmers and ranchers should start their estate planning now.
Elizabeth Strom of the American Society of Farm Managers & Rural Appraisers joined RFD-TV to provide the latest perspective on post-harvest business planning and cropland markets in the Midwest.
Dalton Henry, with U.S. Wheat Associates, joined RFD-TV to provide insight on what the pending trade frameworks may mean for American wheat growers.