In a groundbreaking prosecution, a San Diego man has pleaded guilty to a federal conspiracy charge for his involvement in the illegal importation of potent greenhouse gases. Michael Hart, 58, was arrested earlier this year for smuggling hydrofluorocarbons (HFCs) across the border from Mexico without approval from the U.S. Environmental Protection Agency (EPA). This marks the first-ever case targeting the illicit importation of these substances, which have been banned due to their detrimental impact on climate change.
Hydrofluorocarbons, commonly used in cooling and refrigeration systems, have been found to have a significantly greater contribution to global warming compared to carbon dioxide. The Climate and Clean Air Coalition, an initiative of the United Nations Environment Programme, states that their impact on climate change can be hundreds to thousands of times greater per unit of mass.
Hart’s indictment, under the American Innovation and Manufacturing Act of 2020 (AIM Act), alleges that he violated federal laws by importing HFCs without EPA approval. He admitted in a plea agreement to purchasing these substances in Mexico and smuggling them across the border to sell for profit in the United States. The illegal refrigerants were not only used in refrigeration and air conditioning but also found applications in building insulation, fire extinguishing systems, and aerosols.
U.S. Attorney Tara McGrath emphasized that clean air should not be available to the highest bidder, and the Department of Justice is committed to protecting air quality and holding environmental criminals accountable. Assistant Attorney General Todd Kim from the Department of Justice’s Environment and Natural Resources Division echoed this sentiment, stating that Congress made it illegal to import certain refrigerants due to their documented and significant contribution to climate change.
Hart’s modus operandi involved advertising the illegal refrigerants on online platforms such as OfferUp and Facebook Marketplace. He would then place orders with co-conspirators in Mexico, travel to Tijuana to collect the refrigerants, and conceal them under a tarp and tools while crossing the border.
The original indictment included 13 counts, ranging from conspiracy to importation contrary to law and sale of merchandise imported contrary to law. However, as part of his plea deal, Hart pleaded guilty to a single count of conspiracy, and the remaining charges were dismissed. He has agreed to pay $1,500 in restitution for the cost of disposing of the refrigerants.
Hart now faces a maximum sentence of five years in prison and a fine of $250,000. Prosecutors have agreed to recommend a lesser term. His sentencing is scheduled for December.