First charges filed for greenhouse gas smuggling
California man said to have brought HFCs across Mexico border
The nation’s southern border has long been a hot spot for illegal smuggling of drugs, weapons and migrants. But what about illicitly transporting greenhouse gases that cause climate change?
A California man was arrested Monday on charges of doing exactly that and is facing the first prosecution under a 2020 U.S. law aimed at phasing out some of the most potent greenhouse gases on the planet.
Federal prosecutors allege Michael Hart, 58, of San Diego, purchased the gases in Mexico and transported them across the border in the back of his truck, concealed under a tarp and tools. He then allegedly sold them online, including on sites such as Facebook Marketplace and OfferUp.
The 2020 law cracked down on chemicals called hydrofluorocarbons, or HFCs, that are widely used in air conditioning and refrigeration. The chemicals are considered climate super-pollutants because they can be thousands of times more powerful than carbon dioxide in warming Earth’s atmosphere.
According to an unsealed indictment, Hart “communicated with co-conspirators in Mexico to arrange for the purchase of HCFC-22” and other refrigerants, as well as with buyers in California.
The indictment describes how, between June 26 and Dec. 18, 2022, Hart allegedly worked with others in Tijuana to obtain the refrigerants, transport them across the border and sell them to buyers in the United States. It lists numerous dates on which he allegedly imported or sold the refrigerants.
In response to an inquiry from a customer about the availability of certain refrigerants, Hart sent a message that said, “I can get 15 to 20 tanks per week,” according to the indictment.
Hart pleaded not guilty to 13 charges, including conspiracy, during his first appearance in court Monday. The charges carry potential prison sentences ranging from five to 20 years.
A defense attorney representing Hart could not immediately be reached for comment on Tuesday.
“This is the first criminal case for illegal smuggling of HFCs. It won’t be the last,” David Uhlmann, who leads the Environmental Protection Agency’s enforcement office, said in an interview Tuesday.
“We expect there to be many cases along the southern border,” he said. “There may be cases along the northern border. And because we may not be able to intercept every illegal shipment, there may be cases in cities and towns across America, until we make it clear that we have a zero-tolerance policy.”
Uhlmann added the EPA would continue working with the Justice Department and the Department of Homeland Security to maintain an “active presence” at the border and at ports across the country.
Tara McGrath, U.S. attorney for the Southern District of California, said in a statement “we are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”
Monday’s indictment sends “a very strong signal” to would-be illegal importers of HFCs, said Avipsa Mahapatra, climate campaign lead at the Environmental Investigation Agency, a watchdog group.
“In my opinion, it is a climate crime if you are smuggling HFCs,” Mahapatra said. “It obviously undermines our global efforts to phase down the use of these chemicals.”