A California man has become the first American charged with smuggling greenhouse gases into the United States and could face up to 20 years in prison for the crimes.
Michael Hart, 58, was arrested on Monday for violating a 2020 federal regulation that prohibits the importation of hydrofluorocarbons (HFC), which is a synthetic gas used in refrigerators and air conditioners.
HFCs can be hundreds or thousands of times more powerful than carbon dioxide at trapping heat in the atmosphere, exacerbating the climate crisis.
Hart allegedly introduced the ‘super pollutants’ into the United States from Mexico and proceeded to sell the artificial organic compounds for profit.
He made his first appearance in federal court shortly after being taken into custody, where he pleaded not guilty; Hart’s next hearing is March 25.
Hart Allegedly Introduced ‘Super Pollutants’ to the US from Mexico and Proceeded to Sell the Man-Made Organic Compounds for Profits (Stock)
The US Department of Justice told DailyMail.com that Hart’s photo has not yet been made public.
This is the first prosecution in the United States to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act).
The law calls for an 85 percent reduction in the production and use of climate-damaging chemicals by 2036.
It aligns with a 2016 international agreement that requires the United States and other countries to limit the use of HFCs.
David Uhlmann, deputy administrator for compliance at the Environmental Protection Agency (EPA), said: “Illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change.
“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable.”
A federal indictment alleges that Hart hid refrigerants under a tarp and tools inside his vehicle while passing through Mexican border patrol.
He is then said to have sold the gas on Facebook Marketplace and other sites.
Facebook Marketplace has many deals for coolant, with some selling for as much as $500 per tank.
In addition to the greenhouse gases, the indictment alleges that Hart imported HCFC-22, an ozone-depleting substance regulated by the Clean Air Act.
Hart charges him with conspiracy, importation contrary to law and sale of imported goods contrary to law.
The fines for the charges amount to $750,000.
Hart’s next hearing is before U.S. District Judge Jeffrey T. Miller for a motion/trial setting hearing on March 25, 2024 at 11 a.m. Pacific Time.
“The charges and allegations contained in an indictment are merely accusations, and defendants are considered innocent until proven guilty,” according to the US Department of Justice press release.
Hart’s arrest occurs a few days before the environmental 19; Companies, universities and experts have signed an open letter on the importance of short-lived climate pollutants (SLCPs) in national and corporate climate action plans, urging “broad and rapid action to reduce their emissions.”
SLCPs include HFCs, methane, soot (black carbon), carbon monoxide and aviation contrails, which together account for almost half of industrial-era global warming.
Unlike CO2, which remains in the atmosphere as a long-lived greenhouse gas for hundreds or thousands of years, SLCPs have a much shorter atmospheric life, from years to days.
Therefore, reducing the rate of SLCP emissions (even if gross SLCP emissions do not reach zero) can rapidly reduce the rate of atmospheric warming.
“One of the fastest and most efficient solutions to prevent us from reaching dangerous levels of warming is to look beyond carbon dioxide (CO2) and rapidly reduce short-lived climate pollutants,” the letter said.
Regarding HFCs, the letter pointed to better management of refrigerants and the deployment of low-GWP refrigerants.
“Feasible SLCP reductions from existing technologies today can avoid up to 0.6°C by 2050 – four times more over that period than CO2 reductions alone,” the letter reads.
“These short-term cuts are our best chance to reduce the risk of reaching near-term tipping points that could create vicious climate feedback loops.
‘These reductions can also prevent millions of air pollution deaths and tons of crop losses annually. In short, global climate goals can only be achieved with rapid and decisive action on both long-lived and short-lived pollutants.’