A San Diego man, identified as Michael Hart, has entered a guilty plea in federal court, acknowledging his role in a scheme to illegally import and sell harmful greenhouse gases into the United States from Mexico. According to a press release by the U.S. Attorney's Office in the Southern District of California, Hart admitted to conspiring to import hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons (HCFCs), the latter of which are ozone-depleting substances banned under the Clean Air Act.
The prosecution of Hart marks the first under the American Innovation and Manufacturing Act of 2020 (AIM Act), a legislation that prohibits the act from knowingly importing HFCs without the proper allowances issued by the Environmental Protection Agency (EPA). "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 Assistant Attorney General Todd Kim in a press release by the Department of Justice.
Court documents reveal that Hart offered these banned refrigerants for sale on platforms like OfferUp, Facebook Marketplace, and other internet sites. He was involved with conspirators in the U.S. to place orders, which he would then fill by purchasing the substances in Mexico. The goods were then smuggled back across the border, concealed in vehicles, and sold within the United States, feeding a black market demand for these potent greenhouse gases.
Hart, 58, will be sentenced on December 9 before U.S. District Judge Marilyn Huff. If convicted of conspiracy to violate the Clean Air Act and the AIM Act regulations, Hart faces a maximum penalty of five years in prison and a $250,000 fine. Assistant U.S. Attorney Mark W. Pletcher and Department of Justice Environmental Crimes Section Senior Trial Attorney Stephen DaPonte are prosecuting this case.
