Guilty Plea in Landmark Greenhouse Gas Case

By Greg Collier

A San Diego man, Michael Hart, has pleaded guilty to federal conspiracy charges in the first-ever prosecution for smuggling hydrofluorocarbons (HFCs) into the U.S. These gases, used in cooling and refrigeration, are known to have a significant impact on global warming, hundreds to thousands of times greater than carbon dioxide.

Hart was arrested for repeatedly bringing the illegal refrigerants across the U.S.-Mexico border without approval from the Environmental Protection Agency (EPA). The case is the first under the American Innovation and Manufacturing (AIM) Act, which bans the import of these potent greenhouse gases without permission. The law is part of efforts to reduce substances that contribute heavily to climate change.

Smuggling HFCs is financially motivated. The U.S. has been phasing down the use and import of these gases due to their environmental impact, causing their price to rise significantly. In countries like Mexico, where regulations are often less strict, HFCs are cheaper and more accessible. By illegally importing these refrigerants, smugglers can profit by selling them at a lower price than the regulated market in the U.S., especially to businesses that still rely on these substances for older equipment.

In his guilty plea, Hart admitted to smuggling HFCs from Mexico and selling them online through platforms like OfferUp and Facebook Marketplace. He concealed the refrigerants in his vehicle and worked with others to bring them into the U.S. several times in 2022.

As part of the plea deal, Hart agreed to pay $1,500 for the disposal of the illegal refrigerants. He faces up to five years in prison and a possible $250,000 fine, though prosecutors have recommended a lighter sentence. Hart’s sentencing is scheduled for December.

This case serves as a warning for those looking to profit from illegal environmental practices, showing the serious consequences of smuggling substances that contribute to climate change.