San Diego resident Michael Hart was arrested for illicitly transporting greenhouse gases across the southern border and faces the first prosecution under a U.S. law passed in 2020 to phase out chemicals called hydrofluorocarbons (HFCs), The Washington Post reported Tuesday.
According to the Justice Department, this is the first prosecution in the U.S. to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act), which prohibits the importation of HFCs without permission from the Environmental Protection Agency.
HFCs, which are widely used in air conditioning and refrigeration, are considered climate super-pollutants, because they are hundreds to thousands of times more potent in causing global warming than carbon dioxide.
Federal prosecutors allege that Hart purchased the gases in Mexico, brought them across the border concealed under a tarp and tools in his vehicle, and then sold them online.
The charges against him, to which Hart pleaded not guilty, carry potential prison sentences of five to 20 years.
"This is the first criminal case for illegal smuggling of HFCs. It won't be the last," David Uhlmann, who leads the Environmental Protection Agency's enforcement office, told The Washington Post.
Uhlmann vowed that the EPA will continue to work with the Justice Department and the Department of Homeland Security to maintain an "active presence" at the border and at ports across the country to prevent the smuggling.
"Because we may not be able to intercept every illegal shipment, there may be cases in cities and towns across America, until we make it clear that we have a zero-tolerance policy," Uhlmann said.
David Doniger, senior strategic director of the climate and clean energy program at the Natural Resources Defense Council, lauded the arrest of Hart but said more action is needed.
"It's a very good thing that they're catching and holding to account this smuggler, [but] there is a significant smuggling problem," Doniger said.
Hart is scheduled for his next hearing before a U.S. District judge on March 25, according to the Justice Department.
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
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