A San Diego man who allegedly smuggled potent greenhouse gases from Mexico into the United States is the first in the nation to ever be prosecuted under a recently enacted law aimed at curbing climate change, it was announced Monday.
Michael Hart, 58, is accused of buying refrigerants in Mexico, then bringing them into the United States by concealing them in his vehicle. Hart then allegedly sold the items in online marketplaces. He also allegedly imported HCFC 22, which is classified as an "ozone-depleting substance" and has been illegal to import since 2020 except for limited purposes that result in its transformation or destruction.
The Department of Justice says the case marks the first prosecution in the United States to include charges related to the American Innovation and Manufacturing Act of 2020, which prohibits the importation of hydrofluorocarbons — or HFCs — without approval by the Environmental Protection Agency.
The EPA says potent greenhouse gases are typically used for refrigeration, air conditioning, building insulation, fire extinguishing systems, and aerosols.
The global warming potential of HFCs are exponentially more potent than carbon dioxide, according to the U.S. Attorney's Office.
Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division said in a statement, "It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change."
Hart made his initial court appearance Monday afternoon on charges of conspiracy, importation contrary to law, and sale of merchandise imported contrary to law.
