First ever prosecution for importing greenhouse gases into the USA; “It will not be the last,” US Attorney says.

A Californian man who was arrested on Monday is the first person ever to be charged with smuggling greenhouse gases into the USA.

A 58-year-old San Diego resident, Michael Hart, bought banned hydrofluorocarbons (“HFCs”) in Mexico and smuggled them into the US underneath a tarp and tools in the bed of his pickup truck. 

Hart is accused of smuggling HCFC-22, a banned ozone-depleting substance used in air conditioning and refrigeration systems, across the border which he resold for profit.

“Hart is being prosecuted under the American Innovation and Manufacturing Act of 2020, a statute prohibiting the importation of HFCs – which can cause thousands of times more atmospheric warming than CO2 – without permission from the Environmental Protection Agency,” The Daily Beast reported.

“This office is at the forefront of environmental prosecutions, and today is a significant milestone for our country,” US Attorney Tara McGrath said 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.

We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division said: “It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change.

We are committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”

In a court appearance on Monday, 4 March, Hart pleaded not guilty to one count of conspiracy, which carries up to five years in prison; five counts of importation contrary to law, which each carry up to 20 years in prison; and seven counts of sale of merchandise imported contrary to law, which each carry up to 20 years. All three charges also carry a potential fine of $250,000.

Hart was booked and released on $30,000 bail. He surrendered his passport and a judge restricted his travel to San Diego County as he awaits trial. He is due back in court on 25 March.

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