A federally owned and operated office building in the state of West Dakota is heated with a new pollution-free heating system. However, in the coldest season of the year, this new system is sometimes insufficient to supply adequate heat to the building. The appropriation statute providing the money for construction of the new heating system permitted use of the old pollution-generating system when necessary to supply additional heat. When the old heating system operates (only about two days in any year), the smokestack of the building emits smoke that exceeds the state of West Dakota's pollution-control standards. May the operators of the federal office building be prosecuted successfully by West Dakota authorities for violating that state's pollutioncontrol standards?
Yes, because the regulation of pollution is a legitimate state police power concern.  Yes, because the regulation of pollution is a joint concern of the federal government and the state and, therefore, both of them may regulate conduct causing pollution.  No, because the operations of the federal government are immune from state regulation in the absence of federal consent.  No, because the violations of the state pollution-control standards involved here are so deminimized that they are beyond the legitimate reach of state law.