This week, the Ninth Circuit Court of Appeals ruled that the EPA must allow the registration of Enlist Duo Herbicide by Dow Agro Sciences to move forward. Earlier the agency approved the herbicide and then changed its mind delisting it. South Dakota Corn Grower’s President Keith Alverson is pleased with the court ruling and says now farmers will be able to use the herbicide to battle problem weeds.

An EPA spokesman said the agency is awaiting new data from the manufacturer and will review that information to determine the next steps. Alverson says the court decision seems to indicate the EPA must allow useage of Enlist Duo.

Dow has so far withheld full commercial release of Enlist products in China pending that country’s approval. Alverson says the U.S. court decision may prompt China to allow that to go ahead.

Dow Agro Science officials say they’ll continue to work with the EPA concerning Enlist Duo.