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An interesting fact was overlooked in Maine regarding the landmark settlement with American Electric Power, an Ohio-based utility, which will pay $4.6 billion to settle a federal lawsuit regarding Clean Air Act infractions.

States downwind of Ohio are saluting the settlement, which puts an environmental muzzle on the smokestacks of one of America’s largest coal burners and electrical producers. AEC has agreed to cut carbon emissions from 16 of its plants, which environmentalists say should reduce acid rain.

In Maine, the settlement was hailed by the quotable Judy Berk, of the Natural Resources Council of Maine, who said it was “good news for everyone who breathes.” But, surprisingly, Maine wasn’t party to the lawsuit that forced the settlement, although its usual partners like Vermont, New Hampshire, New York and Massachusetts were.

A state spokesman said Maine’s resources were put toward where they had the “greatest effect.”

Namely, suing the Environmental Protection Agency.

It’s strange to think states suffering from serious air-quality problems from faraway sources are suing the federal government, rather than polluters, and believe this course is more effective.

It’s blaming the system, not the source.

This is done because the system, as proven time and again, is faulty. For example, The Washington Post reported Thursday a clause buried within the AEC settlement exempts it from further Clean Air Act enforcements until 2018.

To paraphrase Berk, this is not good news for everyone who breathes.

Shifting political winds in Washington have changed how federal regulators interpret their duty to improve polluted air, like the drift from the Midwest up America’s tailpipe into Maine. It’s a great rationale for suing the EPA, which has been accused for the better part of this decade of shirking its responsibilities.

Then again, Maine has been fighting the EPA for two-and-a-half decades, ever since former Attorney General Jim Tierney said it was “Orwellian” for states to sue its government to enforce the Clean Air Act suit.

Although wise to keep pressure on the agency tasked with enforcing environmental law, the lawsuits filed by states like Maine against the EPA can divert attention from where pressure is truly needed: on egregious polluters that need to comply with the Clean Air Act.

Together, the EPA, eight states and several environmental organizations sued AEC in 1999 to force compliance; eight years later, the country is finally reaping the benefits. Many Americans should breathe easier because federal and state regulators worked together to pressure a serious polluter.

This is how the system should operate. The message from the AEC settlement is that, with patience, it works.

Sadly, our levels of government still squabble over the definition of compliance, instead of moving together toward the real goal: going after polluters, who are endangering the lives of, yes, everyone who breathes.

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