America’s first greenhouse gas smuggler is accused of importing ‘super pollutants’ from Mexico to the US – and California man could spend up to 20 years in prison

A California man has become the first American charged with smuggling greenhouse gases into the US and could face up to 20 years in prison for the crimes.

Michael Hart, 58, was arrested Monday for violating a 2020 federal regulation banning the import of hydrofluorocarbons (HFCs), a synthetic gas used in refrigerators and air conditioners.

HFCs can be hundreds to thousands of times more powerful than carbon dioxide at trapping heat in the atmosphere, exacerbating the climate crisis.

Hart allegedly smuggled the “super-pollutants” from Mexico into the U.S. and began selling the man-made organic compounds for a profit.

He made his first appearance in federal court shortly after being taken into custody, where he entered a not guilty plea — Hart’s next hearing is March 25.

The US Department of Justice told DailyMail.com that Hart’s photo has not yet been released to the public.

This is the first prosecution in the United States to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act).

The law calls for an 85 percent reduction in the production and use of the climate-damaging chemicals by 2036.

It follows a 2016 international agreement that forces the US and other countries to limit the use of HFCs.

David Uhlmann, assistant administrator for enforcement at the Environmental Protection Agency (EPA), said: “The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, is undermining international efforts to combat climate change.

“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable.”

A federal indictment alleges Hart hid the refrigerants under a tarp and tools in his vehicle as he passed through Mexican Border Patrol.

He then allegedly sold the gas on Facebook Marketplace and other sites.

Facebook Marketplace has many deals on the coolant, some selling for as much as $500 per tank.

In addition to greenhouse gases, the indictment alleges that Hart imported HCFC-22, an ozone-depleting substance covered by the Clean Air Act.

Hart is charged with conspiracy, importation contrary to law and sale of goods imported contrary to law.

The fines for the charges are $750,000.

Hart’s next hearing is before U.S. District Judge Jeffrey T. Miller for hearing/trial on March 25, 2024 at 11 a.m. PT.

“The charges and allegations contained in an indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty,” the U.S. Department of Justice press release said.

Hart’s arrest comes just days before 19 milieu; companies, universities and experts signed an open letter on the importance of short-lived climate pollutants (SLCPs) in national and corporate climate action plans, urging ‘broad and rapid action to reduce their emissions’.

SLCPs include HFCs, methane, soot (black carbon), carbon monoxide, and aviation contrails, which together account for nearly half of global warming in the industrial age.

Unlike CO2, which remains in the atmosphere as a long-lived greenhouse gas for hundreds to thousands of years, SLCPs have a much shorter atmospheric lifetime on the scale of years to days.

Reducing SLCP emissions – even if gross SLCP emissions do not reach zero – can therefore quickly reduce the rate of atmospheric warming.

“One of the fastest and most efficient solutions to prevent us from reaching dangerous levels of warming is to look beyond carbon dioxide (CO2) and quickly reduce short-lived climate pollutants,” the letter said.

With regard to HFCs, the letter highlighted improved refrigerant management and the use of low GWP refrigerants.

“Achievable SLCP savings based on existing technologies could prevent up to 0.6°C in 2050: four times more over that period than CO2 savings alone,” the letter says.

“These short-term cuts are our best chance to reduce the risk of near-term tipping points that could trigger a vicious climate feedback loop.”

“These reductions could also prevent millions of deaths from air pollution and tons of crop losses every year. In short, global climate goals can only be achieved with rapid and decisive action against both long-lived and short-lived pollutants.”