A San Diego man was charged Monday with smuggling potent greenhouse gases — used typically for refrigeration and air conditioning — into the United States, the first case of its kind in the nation, according to federal prosecutors.
Michael Hart, 58, was arrested Monday after he allegedly brought hydrofluorocarbons across the U.S.-Mexico border to sell for profit without permission from the Environmental Protection Agency, federal officials said in a news release.
Hart allegedly violated the American Innovation and Manufacturing Act of 2020, a federal law that prohibits the importation of these materials because they create harmful gases that contribute to climate change, officials said.
“This office is at the forefront of environmental prosecutions, and today is a significant milestone for our country,” said U.S. Attorney Tara McGrath. “This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last.”
According to federal officials, Hart allegedly purchased the refrigerants in Mexico and then crossed the border with the goods concealed under a tarp and tools. He would then sell the materials on OfferUp, Facebook Marketplace and other sites, they said.
The use of these materials can be hundreds to thousands of times more potent than carbon dioxide, federal officials said.
He’s also accused of smuggling in HCFC 22 — often used in air conditioners — which is an ozone-depleting substance regulated under the Clean Air Act.
Hart was charged with one count of conspiracy, five counts of importation contrary to law and seven counts of sale of merchandise imported contrary to law.
He pleaded not guilty to all 13 counts Monday.
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