A man was arrested and charged in San Diego with smuggling greenhouse gases into the United States, marking the first such prosecution in the country, the U.S. Attorney’s Office in Southern California said Monday.
Michael Hart, a 58-year-old San Diego resident, is accused of bringing hydrofluorocarbons — chemical compounds commonly used in refrigeration and air conditioning — from Mexico to the U.S. and selling them for profit, violating regulations set in 2020 to slow of climate change under the American Innovation and Manufacturing Act. The AIM Act gives the Environmental Protection Agency the power to reduce the nationwide production and consumption of hydrofluorocarbons, or HFCs, because they have been identified as some of the largest powerful greenhouse gases are released into the atmosphere and contribute to rising temperatures.
At this point, smuggling HFCs into the US is illegal and employees are working on a gradual reduction new production of compounds in the country. More restrictions on the use of certain HFCs will go into effect next year, according to the EPA.
Hart faces 13 separate charges, including conspiracy, unlawful importation, multiple counts of unlawful sale of imported goods and criminal forfeiture. He could face decades in prison if convicted of any of the illegal importation charges.
“It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change,” Assistant Attorney General Todd Kim of the Department of Justice’s Environment and Natural Resources Division said in a statement released after Hart’s arrest. “We are committed to enforcing the AIM Act and other laws that seek to prevent harm to the environment.”
Jenny Kane/AP
U.S. Attorney Tara McGrath, who represents the Southern District of California, called the indictment “an important milestone for our country” in a separate statement.
“This is the first time the Justice Department has prosecuted someone for illegally importing greenhouse gases, and it won’t be the last,” McGrath said. “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”
The indictment against Hart alleges he bought refrigerants in Mexico and smuggled them across the U.S. border in his car, hidden under a tarp and tools, McGrath’s office said in a statement. He then allegedly advertised the refrigerants for sale on Facebook Marketplace, the OfferUp app and other sites and sold them for a profit. With those greenhouse gases, the indictment also alleges Hart imported HCFC-22, which is another compound commonly used in air conditioning that has been identified as an ozone-depleting substance and is now regulated by the Clean Air Act.
Officials noted that the illegal importation of these substances violates not only national protocols but also international treaties, such as the 1987 Montreal Protocol to phase out substances that threaten the ozone layer, which was adopted by many countries, including the U.S.
Hart made his first federal court appearance Monday and pleaded not guilty to the charges, according to McGrath’s office. He will appear again for a preliminary hearing on March 25 before U.S. District Judge Jeffrey Miller.
