San Diego Man Becomes Nation’s First Convicted Smuggler of Greenhouse Gases

An air conditioner in the window of a Brooklyn home on Aug. 20, 2015, in New York City. A phase-down of hydrofluorocarbons, which are used for refrigeration, air-conditioning, and more, is part of the nation's climate policy. Spencer Platt/Getty Images

A San Diego man pleaded guilty in federal court on Sept. 24 to conspiring to illegally import greenhouse gases known as hydrofluorocarbons (HFCs) into the United States from Mexico.

Michael Hart, 58, who originally pleaded not guilty, is the first person to be convicted of smuggling greenhouse gases into the United States.

In October 2022, Hart entered the United States at the San Ysidro border crossing with 10 boxes labeled “Freon 404A” that came from China. He did not disclose the canisters to port officers.

Freon 404A contains numerous prohibited HFCs, which are used for refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols. The illegal smuggling of HFCs has been on the rise because of an “international phase-down” of refrigerants that contribute to climate issues, the U.S. Justice Department said in a statement.

According to prosecutors, hydrofluorocarbons’ effect on global warming can be hundreds of thousands of times more potent than that of carbon dioxide.

Hart told investigators he worked in construction and had been smuggling Freon canisters every week for months. He said he used the Freon for his own business repairing air conditioners and also sold it to others. An investigation of his phone, however, did not corroborate his story.

Investigators determined that Hart was selling the HFCs on OfferUp, Facebook Marketplace, and other websites. He had told customers he could get as many as 20 canisters per week.

With the help of others, Hart would purchase the refrigerants in Mexico and import them into the United States in his car hidden under a tarp and tools. He then sold the HFCs in violation of regulations designed to slow down climate change.

“During Climate Week, the United States recognizes the urgent need to limit climate super pollutants like HFCs to help address the existential threat of climate change,” David M. Uhlmann, Environmental Protectoin Agency (EPA) assistant administrator of the Office of Enforcement and Compliance Assurance, said. “Today’s guilty plea for the first-ever HFC arrest demonstrates EPA’s commitment to vigorously enforcing our laws at all U.S. borders and ports to prevent illegal HFC canisters from entering the U.S.”

Hart also admitted to conspiring to illegally import hydrochlorofluorocarbons, particularly HCFC 22, an ozone-depleting substance outlawed under the nation’s Clean Air Act.

The case against Hart is the first prosecution in U.S. history under the American Innovation and Manufacturing Act of 2020 (AIM Act). The law regulates the use of fluorinated compounds, which contain fluorine atoms, in products and manufacturing.

The act went into effect in 2022 and prohibits a range of activities such as the import of HFCs without permission from the EPA. It also prohibits selling, distributing, or offering for sale or distribution HFCs imported without authorization from the EPA.

“Congress made it illegal to import certain refrigerants into the United States without allowances because of their documented and significantly greater contribution to climate change,” Assistant Attorney General Todd Kim, of the Justice Department’s Environment and Natural Resources Division, said. “The Justice Department is committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”

Tara McGrath, U.S. attorney for the Southern District of California, said this won’t be the last time the Department of Justice (DOJ) prosecutes someone for illegally importing greenhouse gases.

“We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges,” she said after Hart was initially charged.

Hart will be sentenced Dec. 9. He originally faced up to 45 years in prison. After his plea, he faces five years in prison and a $250,000 fine.

The final charges are conspiracy to violate the Clean Air Act and the American Innovation and Manufacturing Act.

The Epoch Times reached out to the DOJ for comment but did not hear back by the time of publication.