How did Yoshi’s Island music end up in an official US gov’t Web game?

Enlarge / A shot from the EPA's Recycle City Challenge. Not shown: The Yoshi's Island DS music that played in the background of the game. (credit: EPA.gov)
A flash game available on the Environmental Protection Agency website since at least early 2017 made surprising use of copyrighted music from Nintendo's 2006 game Yoshi's Island DS.
Recycle City Challenge is an extremely simple educational Web game that asks players to answer basic questions about how to reduce waste and energy use. But yesterday, fan site Nintendo Soup was among the first to publicly notice that the Web game used a looping version of Yoshi's Island DS' 'Underground' theme in the background.
The music, which played in a version of Recycle City Challenge accessed by Ars as recently as this morning, has since been removed from the live version on the EPA's website. You can still hear it in this Internet Archive copy of the site, though, and compare that directly to the same song on the Yoshi's Island DS soundtrack. Perhaps not coincidentally, a file named 'yoshidsunderground.mp3' containing a copy of the song in question was in a music subfolder on the EPA website (as cataloged in this Internet Archive link) until earlier today.
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