SAN DIEGO (FOX 5/KUSI) — A San Diego man was the first in the nation to be charged with smuggling potent greenhouse gases into the United States from Mexico, according to a release Monday from the Department of Justice.
Michael Hart, 58, is accused of purchasing refrigerants in Mexico and smuggling them into the U.S. by hiding them in his vehicle under a tarp and tools.
The indictment said Hart then sold the refrigerants on sites including OfferUp and Facebook Marketplace. In addition, he is accused of importing HCFC 22, “an ozone-depleting substance regulated under the Clean Air Act,” according to the release.
The DOJ said this is the first prosecution in the nation to include charges under the American Innovation and Manufacturing Act of 2020 (AIM Act), which prohibits the importation of hydrofluorocarbons (HFCs) without prior approval by the Environmental Protection Agency (EPA).
According to the EPA, HFCs are used in applications like refrigeration, air-conditioning and building insulation, as well as fire extinguishing systems and aerosols.
However, they can also be “hundreds to thousands of times more potent” than carbon dioxide, the release stated.
“This office is at the forefront of environmental prosecutions, and today is a significant milestone for our country,” said Tara McGrath, U.S. attorney for the Southern District of California. “This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last.”
Hart made his first court appearance Monday afternoon and entered a not-guilty plea. His next hearing is scheduled for March 25.
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