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
Farm Bureau Economist Faith Parum discusses the latest Farm Bill proposal and the path ahead for Congress and U.S. agriculture.
Small Business Administration Deputy Administrator Bill Briggs joined us with an update on how the SBA is working to support rural communities and small businesses across the country.
President Donald Trump signed an executive order this week to accelerate domestic production of phosphorus and glyphosate, signaling that farm input availability is now treated as a national security risk.
Smaller supplies could support cotton prices despite weak demand.
Fred Nichols, Chief Sales and Marketing Officer for Huma, joined us with a sneak peek at Commodity Classic next week in San Antonio, Texas.
University of Nebraska President Dr. Jeffrey Gold discusses the ongoing measles outbreak in the United States and the importance of vaccination awareness on this week’s Rural Health Matters.

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:

While row crops are expected to see softer impacts, analysts say severe weather of this magnitude will not be as kind to cattle producers.
Cape Cod FarmHER Chloe Starr dives into the world of shellfish farming at one of the few oyster & clam hatcheries in the U.S.
University of Nebraska President Dr. Jeffrey Gold joined us to discuss seasonal affective disorder, winter mental health, and practical strategies for maintaining well-being in rural communities.
FWSSR Communications Director Matt Brockman discusses the event’s competitions, safety preparations, and family-friendly activities during the opening weekend.
From Junior Heifer Shows to Mustang Magic competitions, the 23-day event brings together 4-H and FFA participants, livestock enthusiasts, and families to celebrate North Texas’ rich Western heritage.
CLAAS Senior Vice President for the Americas Region Eric Raby joined us to preview the new docuseries “CLAAS: Made for More,” premiering tonight at 9 PM ET only on RFD-TV.
Dairy farmer and Discover Ag co-host Tara Vander Dussen joined us to discuss the Whole Milk for Healthy Kids Act, her experience at the signing, and what’s next for her family and farm.