San Diego Man Receives First Conviction in Nation for Illegally Importing Harmful Greenhouse Gases into the United States

SAN DIEGO – Michael Hart of San Diego pleaded guilty in federal court today, admitting he conspired to illegally import potent greenhouse gases known as hydrofluorocarbons (HFCs) into the United States from Mexico and sell them for a profit in violation of regulations intended to slow climate change. In addition to greenhouse gases, Hart admitted to conspiring to illegally import hydrochlorofluorocarbons (HCFCs), namely HCFC 22, an ozone-depleting substance banned under the Clean Air Act.

HFCs are used in applications such as refrigeration, air-conditioning, building insulation, fire extinguishing systems, and aerosols. The global warming impact of an HFC can be hundreds to thousands of times greater than carbon dioxide. Because of this, there has been an international phasedown of HFCs by 85 percent, resulting in an increase in the illegal smuggling and importation of HFCs.

This case is the first prosecution in the United States under the American Innovation and Manufacturing Act of 2020 (AIM Act). The AIM Act prohibits importing HFCs without allowances issued by the Environmental Protection Agency (EPA), and also prohibits selling, distributing, or offering for sale or distribution HFCs imported without allowances issued by the 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 of the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”

As set forth in court documents, from about June to December 2022, Hart offered HFCs and HCFCs for sale via OfferUp, Facebook Marketplace and other internet sites. He then communicated with conspirators in the United States, who placed purchase orders for the refrigerants with Hart. Once the orders were placed, Hart purchased the refrigerants in Mexico with the help of his conspirators and illegally imported them into the United States concealed in his vehicle. Thereafter, Hart illegally sold the refrigerants to others in the United States, profiting from the black market for such refrigerants in the United States.

“Clean air is not for sale to the highest bidder,” said U.S. Attorney Tara McGrath. “The Department of Justice will use every tool at our disposal to protect air quality and hold criminal polluters accountable.”

“During Climate Week, the United States recognizes the urgent need to limit climate super pollutants like HFCs to help address the existential threat of climate change," said David M. Uhlmann, EPA Assistant Administrator of the Office of Enforcement and Compliance Assurance. "Today's guilty plea for the first-ever HFC arrest demonstrates EPA's commitment to vigorously enforcing our laws at all U.S. borders and ports to prevent illegal HFC canisters from entering the U.S."

Hart is scheduled to be sentenced December 9, 2024 at 9:00 a.m. before U.S. District Judge Marilyn Huff.

This case is being prosecuted by Assistant U.S. Attorney Mark W. Pletcher and Department of Justice Environmental Crimes Section Senior Trial Attorney Stephen DaPonte.

DEFENDANTS                                            Case Number 24-CR-0383-H                                             

Michael Hart                                                   Age: 58                                   San Diego, CA

SUMMARY OF CHARGES

Conspiracy to Violate the Clean Air Act Regulations (Title 42, U.S.C., Secs. 7671, 7413) and the American Innovation and Manufacturing Act Regulations (Title 42, U.S.C., Secs. 7675, 7413) – Title 18, U.S.C., Sec. 371

Maximum penalty: Five years in prison and $250,000 fine

INVESTIGATING AGENCIES

U.S. Environmental Protection Agency, Criminal Investigation Division

Homeland Security Investigations