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
The debate now matters as much as the policy — market rules and regulatory clarity depend on whether Congress can finish the bill this year.
The long-term viability of a ranching operation often hinges on how effectively its owners navigate the overlapping layers of IRS regulations, state tax incentives, and USDA disaster programs.
Galynn Beer of Tidal Grow Agri-Science joined us to discuss challenges in fertility management, the benefits of Align-N, and what growers can expect at Commodity Classic next week.
Iowa farmer Derek Hommer joined us to discuss grain bin safety, ongoing prevention efforts, and the importance of community preparedness during Nationwide’s Grain Bin Safety Week.
Congresswoman Celeste Maloy of Utah joins Champions of Rural America to discuss her new leadership role in the Western Caucus and her perspective on the Supreme Court’s ruling on President Trump’s tariff policy.
Tommy Roach with Nachurs Alpine Solutions discuss fertilizer decision-making, plant fertility strategies, and what farmers can learn at Commodity Classic.

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:

USDA Rural Development Director for Kentucky, Travis Burton, joined us to discuss the Princeton facility (formerly Porter Road Meats), now backed by the USDA, and its role in expanding domestic meat processing capacity.
Farm CPA Paul Neiffer joined us to break down the recent Fifth Circuit Court decision overturning a prior Tax Court decision on self-employment tax for limited partners, the ruling’s impact on farmers, and potential next steps in Congress.
Americans for Prosperity Arkansas Director Ryan Norris talks energy infrastructure, regulatory reform, and the role of critical minerals in supporting rural America.
Pennsylvania Farm Show scholarship recipient Elizabeth Dice discusses her award, her background in farming, and her path forward in the agriculture industry.
Mike Steenhoek with the Soy Transportation Coalition discusses supply chain challenges facing agriculture as snow, sleet and ice threaten most of the Eastern U.S.
Congressman Adrian Smith of Nebraska joined us with the latest on efforts to secure year-round E15 sales.