On Monday, California resident Michael Hart became the first person in the United States to be charged with illegally smuggling greenhouse gases across the country’s border and selling them for profit. Hart, 58, is accused of purchasing hydrofluorocarbons (HFCs) in Mexico in violation of Environmental Protection Agency (EPA) guidelines.

Under the American Innovation and Manufacturing Act of 2020, transporting HFCs without proper EPA permits is strictly prohibited. HFCs, most commonly used for refrigeration and air conditioning, are one of the most potent sources of greenhouse gases, which climate experts say are linked to rising global temperatures. In addition to the heavy restrictions on importing the chemicals, US officials are also in the process of scaling back domestic production of HFCs, with new legislation set to take effect next year.

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However, environmental regulators have warned that these regulations may create an illicit market for HFCs used to keep older appliances running.

According to the indictment brought against Hart on Monday, the San Diego resident drove to Tijuana and purchased canisters of HFC refrigerant, as well as several kinds of older coolants known as hydrochlorofluorocarbons (HCFCs), and smuggled them back into the US by concealing them under a tarp in the bed of his truck. Court documents indicate that he then attempted to sell the chemicals via Facebook Marketplace and Craigslist.

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Hart faces 13 counts of conspiracy, importation contrary to law, selling imported merchandise contrary to law, and criminal forfeiture. Any one of the import charges could earn him a decade in prison, and the conspiracy charges carry fines of up to $250,000. He pled not guilty during his arraignment.

“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 Tara McGrath, US Attorney for the Southern District of California. “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”


Connor Walcott is a staff writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”

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