Michael Hart: California man first in US to be charged for smuggling greenhouse gases from Mexico
SAN DIEGO, CALIFORNIA: Michael Hart, a Southern California resident, has become the first person in the United States to be charged with smuggling potent greenhouse gases into the country from Mexico.
The arrest, which took place on Monday, March 4, involves allegations of smuggling refrigerants and subsequently selling them for profit, in direct violation of regulations aimed at curbing greenhouse gas usage and mitigating climate change.
Michael Hart accused of illicit trade of ozone-depleting refrigerants
The indictment against Hart, who hails from San Diego, asserts that he procured refrigerants in Mexico and clandestinely transported ozone-depleting chemicals across the border, concealing them under a tarp and tools in his vehicle.
He then advertised these refrigerants for sale on platforms like OfferUp and Facebook Marketplace, ultimately selling them for a profit. In a startling revelation, the indictment also accuses Hart of importing HCFC 22, an ozone-depleting substance regulated under the Clean Air Act.
What is the American Innovation and Manufacturing Act?
Notably, this case marks the first prosecution in the US to encompass charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act). The AIM Act specifically prohibits the importation of hydrofluorocarbons (HFCs), commonly used as refrigerants, without explicit permission from the Environmental Protection Agency, as highlighted by prosecutors.
"This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last," declared US Attorney Tara McGrath in a statement. "We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”
Michael Hart pleads not guilty to historic case under the AIM Act
During his arraignment on Monday afternoon, Hart pleaded not guilty to a total of 13 charges, including conspiracy, sale of prohibited materials, and illegal importation. Hydrofluorocarbons, regulated under the Clean Air Act, find application in various sectors such as refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols.
“It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change,” stated Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“We are committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.” Hart has been ordered to return to court on March 25.
