The main U.S. regulator of derivatives is set to appeal a court ruling that overturned a rule that imposed trading limits on oil, natural gas and other commodities, according to a person with knowledge of the matter.

The five-member Commodity Futures Trading Commission is in the process of voting in private on a recommendation from the agency's general counsel's office to appeal the ruling. The commission's three Democrats, Gary Gensler, Bart Chilton and Mark Wetjen support the appeal, according to the person. It is unclear how soon the agency could file the appeal.

U.S. District Judge Robert Wilkins ruled on Sept. 28 that the CFTC failed to assess whether the trading limits, imposed under the Dodd-Frank Act, were necessary and appropriate.