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 legal expert Roger McEowen discusses the EPA’s rescission of the 2009 endangerment finding on greenhouse gases and what it could mean for agriculture and rural America.
Chef and influencer Marcia Smart joined us to discuss Italian-inspired beef dishes, nutrition for active lifestyles, and how global events shape home cooking.
The USDA says the framework is about “ending abusive government overreach” and “protecting farmers, families, and private property.”
Farm numbers still favor small operations, but production, resilience, and risk management are increasingly concentrated among fewer, larger farms.
The USDA opened a new sterile fly-dispersal facility at Moore Air Base in South Texas to prevent a potential outbreak of New World screwworm and protect the small U.S. cattle herd.
China’s reliance on imported soybeans remains entrenched, shaping global demand and trade leverage.

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:

Roger McEowen with the Washburn University School of Law joined us to provide legal analysis on key cases shaping the agricultural landscape heading into the year ahead.
NASDA declared 2026 the International Year of the Woman Farmer. President Amanda Beal joins us to share NASDA’s new hub, which highlights the impact of women in agriculture worldwide.
Matt Brockman, communications director for the Fort Worth Stock Show & Rodeo, joined us to share a preview of the upcoming event.
RFD News correspondent Frank McCaffrey reports from Texas on the ongoing water dispute and its implications for U.S. farmers.
RealAg Radio host Shaun Haney discusses the latest developments in the Supreme Court, trade tariffs, and the future of the USMCA under President Donald Trump.
The American Farm Bureau Federation’s 2026 agenda centers on labor stability, biosecurity, and economic resilience for family farms. Expanded DMC coverage improves risk protection for dairy operations facing tighter margins.