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

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:

A new study from the University of California shows E-15 provides more emissions reductions compared to other blends of gasoline on the market.
RFD-TV’s own Tammi Arender was down on Broadway covering all the action at CMA Fest when she stumbled upon some apple farmers from North-Central Washington selling a new, must-try apple variety.
In this AARP Live Minute, Sarah Jennings shares three surprising benefits of meditation.
Grammy-nominated Christian-country artist Anne Wilson stopped by Roy Rogers Studio to talk with RFD-TV’s own Suzanne Alexander about her first book “My Jesus: from Heartbreak to Hope,” and performed her new single.
When discussing pollinators, most minds jump to bumblebees and butterflies. According to two new studies released in the United Kingdom, conservationists may need to adjust focus to include a very important nighttime pollinator: moths.
In today’s Performance Through Partnership feature, brought to you by Golden Harvest, we meet farmer Kevin Siffring of Surprise, Nebraska.