Sure, but Gail's conception of Bane, and even the one that appeared in Beatty's run on Gotham Knights, isn't really a Batman rogue anymore (or at least not an alpha rogue). The character can have depth, but I don't think there has been a story since Knightfall where he both has depth and is the primary antagonist (I may be forgetting something).
I agree that Scarecrow is in a bit of a rut recently (the 21st Century?), but I think the character can be used for more than being the guy that brings fear gas to the party.