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
“USDA can no longer keep wasting its time and personnel to deploy Commissioner Miller’s infamous traps, which USDA has deployed, tested, and has proven ineffective.”
President Trump is expected to press Argentina to take a tougher stance on China in exchange for political and economic support.
Treat storage as risk management and logistics, and budget to break even since export growth is unlikely to absorb bigger U.S. corn and soybean crops.
For rural borrowers, freeing up community-bank balance sheets could mean steadier home loans, operating lines, and ag real-estate financing as winter planning ramps up.
The FAA’s proposed rule to allow drones to operate beyond visual line of sight (BVLOS) could soon revolutionize how farmers and ranchers manage their land.
Nick Andersen, Nationwide’s VP of Agribusiness Claims, shares tips for managing weather-related risks in agriculture using their new Hail and Wind Alert Program.
“Good flies? Is that like a good fire ant?” Miller said. “I don’t know what a good fly is. I don’t know if they’re afraid to kill house flies or stable flies, but I’m ready to kill the screwworm fly.”
From finding her community in FFA to leading as a State President, Caroline has an inspiring story!
President Trump has long supported a direct line from Alberta’s oil fields to the Midwest.

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:

Mike Newland with the Propane Education & Research Council shares how producers can prepare for winter weather and the benefits of propane.
Stagger buys and diversifies fertilizer sources — watch CBAM, India’s tenders, and Brazil’s import pace to time urea, phosphate, and potash purchases.
Recognizing phosphorus and potash as critical minerals underscores their importance in crop production and food security, providing producers with an added layer of risk protection.
Farm CPA Paul Neiffer shares insight into what these new accounts, established in provisions of the Big, Beautiful Bill, could mean for the farm families.
AFBF Economist Danny Munch shares how passing the Whole Milk for Healthy Kids Act could give the dairy industry a needed boost.
Jan and Erin Johnson also join FarmHER + RanchHER host Kirbe Schnoor on this week’s Dirt Diaries podcast to dig in on entrepreneurship, legacy, and letting go.