A former La Jolla man has pleaded guilty to conspiracy to illegally import greenhouse gases from Mexico and sell them for a profit in violation of regulations intended to slow climate change.

Michael Hart, 58, is also the first person in the U.S. to be convicted under this law known as the American Innovation and Manufacturing (AIM) Act of 2020, according to U.S. Attorney Tara McGrath.

“Clean air is not for sale to the highest bidder,” said McGrath in a statement after the guilty plea. “The Department of Justice will use every tool at our disposal to protect air quality and hold criminal polluters accountable.”

The greenhouse gases are known as hydrofluorocarbons(HFCs) and they are used in refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols.

The substance Hart admitted to illegally importing was HCFC 23, an ozone-depleting substance that is banned under the Clean Air Act, according to the U.S. Attorney.

“The Justice Department is committed to enforcing the AIM Act and other laws that seek to prevent environmental harm,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.

“Congress made it illegal to import certain refrigerants into the United States without allowances because of their documented and significantly greater contribution to climate change,” said Kim.

Though Hart is the only defendant, he did plead guilty to a conspriracy charge Sept. 24, so other people could be added to the case later. Five charges of illegal importation and six counts of sale of imported merchandise contrary to law will be dismissed at sentencing.

U.S. District Court Judge Marilyn Huff will sentence Hart on Dec. 9 in San Diego. Hart remains free on $30,000 bond that was posted after he was first indicted in March.

The maximum sentence is five years in federal prison, although it is possible Hart could receive a lesser sentence with a fine and a restitution order for the cost of disposing of the refrigerants.

The indictment says he purchased the refrigerants in Mexico and then smuggled them into the U.S. while concealed under a tarp with tools in his truck. Hart was alleged to have offered them for sale on Facebook, Marketplace, OfferUp, and other web sites from June to Dec., 2022.

Hart’s attorney could not be reached for comment.

Crédito de la foto: Pixabay.com