A Californian man pleaded not guilty on Monday after being arrested for allegedly smuggling greenhouse gases from Mexico into the U.S. and selling them for profit, Axios reports. Michael Hart, 58, of San Diego, faces the first-ever prosecution in the U.S. to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM) for allegedly smuggling hydrofluorocarbons (HFCs), a potent greenhouse gas used in refrigeration and air conditioning. The Department of Justice and Environmental Protection Agency note HFCs have a high global warming potential. The Department of Justice alleges Hart bought refrigerants in Mexico and smuggled them into the U.S. in his vehicle, "concealed under a tarp and tools." He allegedly posted them for sale on sites including OfferUp and Facebook Marketplace and "sold them for a profit." In addition to greenhouse gases, Hart is accused of importing HCFC 22, an ozone-depleting substance regulated under the Clean Air Act. It became illegal to import HCFC 22 in 2020 except under certain circumstances.
The illegal smuggling of hydrofluorocarbons "undermines international efforts to combat climate change" under an amendment to the landmark Montreal Protocol, said David Uhlmann of EPA's Office of Enforcement and Compliance Assurance. Hart faces charges of conspiracy, importation contrary to law, and sale of merchandise imported contrary to law. Assistant Attorney General Todd Kim, of the DOJ's Environment and Natural Resources Division, noted that it's illegal to import certain refrigerants into the U.S. "because of their documented and significantly greater contribution to climate change." U.S. Attorney Tara McGrath for the Southern District of California said DOJ was "using every means possible to protect our planet from the harm caused by toxic pollutants."