Federal prosecutors in California said a man has been arrested for smuggling greenhouse gasses into the U.S., becoming the first person charged under a law designed to address climate concerns.
Prosecutors said Michael Hart, 58, of San Diego, was accused of buying a refrigerant in Mexico and selling the banned substance in the U.S.
He was charged under the American Innovation and Manufacturing Act, which prohibits the sale of certain hydrofluorocarbons unless the Environmental Protection Agency grants approval.
The suspect is also accused of importing HCFC 22 — what prosecutors called an “ozone-depleting substance” — that’s regulated under the Clean Air Act.
Mr. Hart pleaded not guilty in court on Monday. If convicted of all charges, he could go to prison for up to 45 years.
“This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gasses, and it will not be the last,” Tara McGrath, the U.S. Attorney for the Southern District of California, said in a press release. “We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”
The EPA barred the importation and sale of hydrofluorocarbons in 2022.
The agency enacted a similar ban against HCFC 22s in 2020, except in limited circumstances.
Refrigerants are used in refrigeration, air-conditioning, building insulation, fire extinguishing systems and aerosols.
The prosecutor’s office said a hydrofluorocarbon’s global warming potential can be hundreds to thousands of times more potent than carbon dioxide. The use of hydrofluorocarbons has been rapidly increasing worldwide due to the global phaseout of ozone-depleting substances and increased demand for refrigeration and air conditioning.
Mr. Hart is due back in court on March 25.
• Matt Delaney can be reached at mdelaney@washingtontimes.com.
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