California Man First in US to be Charged With Smuggling Greenhouse Gases

The U.S. Department of Justice in Washington on June 20, 2023. Kevin Dietsch/Getty Images

A California man was arrested and charged with smuggling greenhouse gases from Mexico into the United States, the first prosecution of its kind in the country, the Department of Justice (DOJ) stated on Monday.

Michael Hart, 58, of San Diego, faces the first prosecution in the United States to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act) for allegedly smuggling hydrofluorocarbons (HFCs), commonly used as refrigerants.

According to an indictment, Mr. Hart allegedly purchased refrigerants in Mexico and smuggled them into the United States in his vehicle, concealed under a tarp and tools.

He then posted the refrigerants for sale on OfferUp, Facebook Marketplace and other sites, and sold them for a profit.

Assistant Attorney General Todd Kim of the DOJ’s Environment and Natural Resources Division said importing certain refrigerants into the United States is illegal due to “their documented and significantly greater contribution to climate change.”

“We are committed to enforcing the AIM Act and other laws that seek to prevent environmental harm,” Mr. Kim said in a statement.

HFCs are a type of synthetic refrigerant used as a replacement for chlorofluorocarbons and hydrochlorofluorocarbons (HCFCs), known for having properties that deplete the ozone layer.

The U.S. Environmental Protection Agency (EPA) has warned that an HFC’s global warming potential can be “hundreds to thousands of times more potent” than carbon dioxide’s.

“The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change under the Kigali Amendment to the Montreal Protocol,” said David Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance.

“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable,” Mr. Uhlmann added.

Prosecution a ‘Significant Milestone’

The indictment alleges that Mr. Hart imported HCFC 22, an ozone-depleting substance regulated under the Clean Air Act.

U.S. Attorney Tara McGrath for the Southern District of California has described Mr. Hart’s arrest as “a significant milestone for our country.”

“This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,” Ms. McGrath said.

She added, “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”

The DOJ stated that Mr.Hart has entered a not-guilty plea. His next hearing is set for March 25.

An air conditioning unit undergoes repair in Austin, Texas, on July 10, 2023. Brandon Bell/Getty Images

HFCs are used as refrigerants in most cooling systems, including refrigerators, heat pumps, and air conditioners.

In July last year, the EPA issued a final rule to slash the use of HFCs by 40 percent by 2028 while decrying the chemical as a “climate super-pollutant.”

The rule dovetails with earlier efforts under the AIM Act to reduce the production and consumption of these chemicals by 85 percent by 2036.

Since the HFC phasedown first began on Jan. 1, 2022, the import and production of HFCs have required special allowances, with the EPA saying that the number of these allowances will experience “a significant decrease.”

Tom Ozimek contributed to this report.