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
Agricultural property presents unique opportunities for scammers to impersonate landowners and attempt to sell rural property they do not own. And in many cases, they are getting dangerously close to succeeding.
Early wheat harvest is moving, but rain, drought stress, and disease pressure will determine yield and quality.
University of Wisconsin-Madison’s John Shutske says simple safety habits can help prevent some of agriculture’s most common injuries.
Cattle producers met with lawmakers to discuss the issues continuing to impact ranchers across the country.
Founder Jon Mollhagen says automation continues playing a larger role in reducing labor demands and animal stress.
Commissioner Sid Miller says productive farmland, water resources, and rural infrastructure are increasingly under pressure as data centers continue growing across Texas.

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:

Agriculture Accounting Expert Paul Neiffer joined us Friday on Market Day Report to take a further look.
Falling feed costs and strong demand for butter could be good news for dairy farmers looking to get their finances back on track.
Author Lee Klancher joined RFD-TV’s Market Day Report to discuss a new, special edition version of his book, “Farmall Century” hitting the shelves in honor of the iconic tractor’s major milestone and impact on the ag industry over the last century.
In today’s production update, Total Acre Farming’s David Hula has an enlightening conversation with Jeremy Rountree about a new, industry-disrupting product from Brandt Fungicide.
What are the relative advantages and disadvantages of the split-interest transaction? And what are the rules when property that was acquired in a split-interest transaction is sold? That is the topic of today’s blog post by RFD-TV Agri-Legal Expert Roger McEowen.
A story that started with hardship ultimately led to a producer impacting the lives of youth involved in sheep showing. The North Carolina Farm Bureau takes us to Haynes Farm in Dobson, N.C., to hear this inspiring story.