A California man was arrested and charged for allegedly smuggling greenhouse gases into the United States from Mexico and selling them for profit, federal prosecutors announced Monday.
Michael Hart, of San Diego, is accused of purchasing refrigerants in Mexico and bringing them into the U.S. in his vehicle, where they were hidden under a tarp and tools, the U.S. Attorney’s Office said Monday. He allegedly posted the fluids for sale on OfferUp, Facebook Marketplace and other websites, Justice Department (DOJ) prosecutors added.
Hart’s indictment marks the first prosecution in the U.S. that includes charges related to the American Innovation and Manufacturing (AIM) Act of 2020, which prohibits the importation of hydrofluorocarbons (HFCs) without permission from the Environmental Protection Agency (EPA).
HFCs are powerful greenhouse gases that drive climate change and are typically used in refrigeration, insulation, air-conditioners, aerosols, and fire extinguishing systems, per prosecutors, citing the EPA. They are used to replace ozone-depleting substances, the production and importation of which the U.S. is trying to phase out.
“It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change,” Assistant Attorney General Todd Kim, of the DOJ’s Environment and Natural Resources Division, said.
“We are committed to enforcing the AIM Act and other laws that seek to prevent environmental harm,” Kim added.
Hart appeared for a federal arraignment Monday and pleaded not guilty to 13 charges including conspiracy, illegal important, and illegal merchandise sales, prosecutors said. He is expected to appear in court again on March 25.