It is not surprising that concentrations of OC, TN, HWTC
, HWTN, and P, and CEC, were higher in the 0-10 cm soil depths in the present study, because humic substances tend to reflect the inherent characteristics of each soil horizon, which change with depth down the soil profile (Armas-Herrera et al.
FORTUNA, HAZARDOUS WASTE TREATMENT COUNCIL, REVISING RCRA DEFINITION OF SOLID WASTE TO CONTROL HAZARDOUS WASTE RECYCLING PRACTICES 1 (1990) [hereinafter HWTC REPORT].
HWTC Testimony, supra note 4, at 16 (observing that the exceptions to EPA's solid and hazardous waste system are responsible for the scheme's complexity); HWTC REPORT, supra note 239, at 1 (alluding to "a riddle wrapped in a mystery inside an enigma"); Gaba, supra note 33, at 634 n.
dissenting) (arguing that HWTC
should have been granted standing because its suit was not too attenuated and it was within the zone of interests).
Contrary to the loose construction of the "zone of interest" test in Clarke,(84) the HWTC court reasoned that standing under the APA required some indication of a congressional purpose to benefit the plaintiffs.
Bread, Data Processing, Clarke, and HWTC demonstrate the importance of statutory construction in determining the scope of standing conferred by Congress.
107) The HWTC court indicated that indirect economic beneficiaries could satisfy the prudential rules for standing only if there was "either some explicit evidence of an intent to benefit such firms, or some reason to believe that such firms would be unusually suitable champions of Congress's ultimate goals.
The application of the APA "zone of interest" test in HWTC was possible only because the plaintiffs sought judicial review of agency action under RCRA.
The standard applied by the HWTC court resembles that applicable in cases where the right of action is implied, such that standing requires a demonstration that the plaintiff is "one of the class for whose especial benefit the statute was enacted.