California man charged with smuggling greenhouse gases
A Californian man has been charged with smuggling greenhouse gases from Mexico into the U.S. and selling them for profit, in the first prosecution in the country related to the American Innovation and Manufacturing Act of 2020. The gases in question, hydrofluorocarbons (HFCs), have a high global warming potential and undermine international efforts to combat climate change.
Smuggling greenhouse gases
A Californian man pleaded not guilty on Monday after being arrested and charged for allegedly smuggling greenhouse gases from Mexico into the U.S. and selling them for profit, prosecutors said.
Michael Hart, 58, of San Diego, faces the first-ever prosecution in the U.S. to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act) for allegedly smuggling hydrofluorocarbons (HFCs), a potent greenhouse gas used in refrigeration and air conditioning.
According to the Department of Justice and Environmental Protection Agency, HFCs have a high global warming potential, with some being higher than 1,000 times the warming potential of CO2.
Undermining climate change efforts
The illegal smuggling of hydrofluorocarbons undermines international efforts to combat climate change under an amendment to the landmark Montreal Protocol, according to David Uhlmann, EPA assistant administrator for the Office of Enforcement and Compliance Assurance.
The Department of Justice alleges that Hart bought refrigerants in Mexico and smuggled them into the U.S. in his vehicle, "concealed under a tarp and tools." He allegedly posted them for sale on sites including OfferUp and Facebook Marketplace and "sold them for a profit."
Apart from smuggling greenhouse gases, Hart is also accused of importing HCFC 22, an ozone-depleting substance regulated under the Clean Air Act.
Legal proceedings and response
Michael Hart pleaded not guilty during his first appearance in federal court on Monday. He faces charges of conspiracy, importation contrary to law, and sale of merchandise imported contrary to law.
Assistant Attorney General Todd Kim of the DOJ's Environment and Natural Resources Division stated that importing certain refrigerants into the U.S. is illegal due to their contribution to climate change. U.S. Attorney Tara McGrath for the Southern District of California emphasized the DOJ's commitment to protecting the planet from toxic pollutants and mentioned that this is the first time someone is being prosecuted for illegally importing greenhouse gases.
