The U.S. Attorney's Office in Southern California announced on Monday the arrest and charging of a man for smuggling greenhouse gases into the United States, marking the first prosecution of its kind in the nation.
Michael Hart, a 58-year-old resident of San Diego, stands accused of illegally importing hydrofluorocarbons (HFCs) from Mexico into the United States and selling them for profit. HFCs are chemical compounds commonly used in refrigeration and air conditioning systems. This alleged action violates regulations established in 2020 under the American Innovation and Manufacturing Act (AIM Act), aimed at combating climate change by reducing the production and consumption of HFCs, identified as potent greenhouse gases contributing to global warming.
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According to authorities, smuggling HFCs into the U.S. is now illegal, as efforts are underway to phase out their manufacturing domestically. The Environmental Protection Agency (EPA) has announced further restrictions on certain HFCs, set to take effect next year.
Facing a total of 13 charges, including conspiracy, illegal importation, and multiple counts of selling contraband merchandise, Hart could potentially serve decades in prison if convicted for any of the charges related to unlawful importation.
Assistant Attorney General Todd Kim, from the Justice Department's Environment and Natural Resources Division, emphasized the significance of the case, stating, "It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change." He affirmed the commitment to enforce environmental laws like the AIM Act to prevent further harm to the planet.
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U.S. Attorney Tara McGrath, representing California's southern district, hailed the indictment as a significant step forward, promising more vigorous prosecution in similar cases. "This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last," she stated.
The indictment alleges that Hart procured refrigerants from Mexico and smuggled them across the border in his vehicle, concealed under a tarp and tools. Subsequently, he purportedly advertised the refrigerants for sale on various online platforms and sold them at a profit. Additionally, the indictment claims that Hart imported HCFC-22, another compound used in air conditioning, regulated under the Clean Air Act as an ozone-depleting substance.
Officials underscored that such illegal importation not only violates national laws but also breaches international agreements, such as the 1987 Montreal Protocol, ratified by numerous countries, including the United States, which mandates the gradual phasing out of substances harmful to the ozone layer.
Hart made his initial appearance in federal court on Monday, pleading not guilty to the charges. A pre-trial hearing is scheduled for March 25 before U.S. District Judge Jeffrey Miller.
