The Ninth Circuit Court of Appeals has denied an en banc hearing for proponents of dicamba herbicide. Had that been approved, the full judge panel would have heard the case. The original court decision ended the registration of three dicamba products, Extendimax, Engenia, and Fexapan. American Soybean Association Vice President and South Dakota farmer Kevin Scott says the court decision while disappointing wasn’t a surprise.

The makers of the three dicamba products, BASF, Bayer and Corteva Agriscience haven’t indicated whether or not they’ll appeal the ninth court decision to the U.S. Supreme Court but Scott says that is a possibility. He says whatever occurs, the EPA will have to decide this year whether or not to reregister dicamba.

Scott says dicamba is a much needed tool for soybean growers and especially for those farmers in the South. He says eventually new products will have to be developed to assist producers with weed problems.

In their petition for the full judge hearing, BASF, Bayer and Corteva Agriscience said the original Judge’s decision was unfair, unconstitutional and required a full judicial review.The Ninth Circuit Appeals Court however disagreed denying the appeal.