in bennett v. spearthe corps the court was dealing with a biological opinion issued by one federal agency, the fish and wildlife service to another federal agency, the bureau of reclamation, and it included an incidental take statement. and the terms and conditions of the incidental take statement affected the legal options that were available to the bureau of reclamation. justice alito: well, it would be a different case, but are you able to say whether that would be reviewable under the epa? mr. stewart: yes. i think if the if the corps' jurisdictional determination were legally binding upon the epa, if it foreclosed the possibility of an enforcement of an epa enforcement action that was inconsistent with the terms of the jurisdictional determination, yes, we think that the jd would be judicially reviewable. but i think it's important to point out how far removed that is from the actual statute before us. justice alito: well, let me just ask about how far removed it is. there is no such statute, that c