A former La Jolla man became the first person in the U.S. to be charged with smuggling potent greenhouse gases into the country and then selling them for profit, the U.S. Attorney said.
Michael Hart, 58, was arrested on March 4 and pleaded not guilty to a 13-count federal indictment that alleges he purchased “refrigerant gases” in Mexico and sold them in the U.S. for profit.
The regulations he allegedly violated are intended to curb the use of greenhouse gases and slow climate change, said U.S. Attorney Tara McGrath in a statement.
“This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last,” said McGrath in a statement, adding that “this office is at the forefront of environmental prosecutions.”
The indictment alleges Hart purchased refrigerant gases in Mexico and smuggled them into the U.S. in his vehicle by concealing them under a tarp and tools.
It is a violation of the American Innovation and Manufacturing Act (AIM) of 2020, which prohibits the importation of hydrofluorocarbons (HFCs), such as refrigerants.
HFCs are used in air-conditioning, building insulation, fire extinguishing systems, and aerosols, according to the Environmental Protection Agency (EPA).
“This case and subsequent arrest is a great example of multiple agencies collaborating to arrest an individual who allegedly smuggled illegal goods into the U.S. that harm our environment,” said Chad Plantz, special agent for Homeland Security Investigations, San Diego.
“We remain committed to keeping these dangerous toxins from depleting our ozone,” said Plantz.
Hart appeared before U.S. District Magistrate Judge Michelle Pettit, who set bond at $30,000, with the conditions he not enter Mexico and not leave San Diego County without permission. Hart must also surrender his passport.
Pettit ordered him to next appear in court on March 25 to set future court dates for arguing motions and a trial date.
Hart allegedly sold the refrigerants on Facebook, Marketplace, OfferUp, and other sites. The indictment alleges he sold “an ozone-depleting substance regulated under the Clean Air Act.”
“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable,” said David M. Uhlmann, the EPA assistant administrator for enforcement and compliance assurance.
He is charged with conspiracy, four counts of illegal importation, and seven counts of unlawful sale of imported merchandise. Hart has denied the charges.
A message was left for his attorney but he could not be reached for comment.
