The Endangered Species Act (ESA) has long been known as the “pit bull” of federal environmental laws because of the inflex- ibility of how it attempts to protect species listed under the act, regardless of cost or impact on human activities. The law makes it a felony to “take” any species listed as endangered or threatened. The extremely broad interpretation of “take” includes activity to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any of these activities.” The scope of a take finding extends to both intentional and non-intentional activity.