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3. Consistent with United States Supreme Court precedent, may the state continue to dispose of its used tires in this manner?
A particular state has a very large fleet of motor vehicles, including trucks used to support state-owned commercial activities and police cars. The state disposes of used tires from both kinds of state motor vehicles in a facility owned and operated by the state. This state facility is unlicensed, but its operation in actual practice meets most of the standards imposed by the federal Environmental Protection Agency on facilities it licenses to dispose of tires.
A federal law provides that all motor vehicle tires discarded in this country must be disposed of in facilities licensed by the federal Environmental Protection Agency. Pursuant to this federal law and all proper federal procedural requirements, that agency has adopted very strict standards for the licensing of such facilities. As a result, the cost of disposing of tires in licensed facilities is substantial.
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B is incorrect. This answer reaches the correct answer with the wrong reasoning. It is true that the state may not continue to dispose of tires in this manner, but it is not because of the way the tires are used. Rather, it is because the federal law is valid and therefore subjects the state's disposing of the tires to its regulations.
C is incorrect. As stated above, the use to which the tires are put is irrelevant. The disposal of tires is not something that is part of the performance of core state governmental functions even if the use of tires is.
D is incorrect. It is irrelevant that the state disposal scheme would meet most of the federal standards. The law requires that the disposal facility actually be licensed and that it meet all of the standards.