There is a groundbreaking legal case that’s making headlines across the United States.
A man from California, Michael Hart of San Diego, has been arrested and is the first person in the U.S.to be charged with illegally smuggling greenhouse gases into the country. This is a landmark case under the American Innovation and Manufacturing Act of 2020, a piece of legislation that’s changing the way we look at environmental protection and compliance.
On December 27, 2020, former President Trump signed the act into law.
Hart was arrested for importing hydrofluorocarbons, or HFCs, without the proper permits required by the Environmental Protection Agency (EPA). HFCs are not your ordinary gases; they’re potent greenhouse gases found in everyday items like refrigerators, air conditioners, building insulation, and even in aerosols. These gases are incredibly powerful, with the potential to trap heat in the atmosphere at a rate hundreds to thousands of times more potent than carbon dioxide. This doesn’t just affect local climates; it exacerbates the global climate crisis.
The Department of Justice revealed that Hart had been purchasing refrigerants in Mexico, smuggling them into the U.S. under the guise of ordinary cargo, covered with a tarp and tools in his vehicle. What’s even more audacious is that he then sold these refrigerants for profit on platforms like OfferUp and Facebook Marketplace. This act not only violates U.S. law but also undermines international efforts to combat climate change, particularly the commitments under the Kigali Amendment to the Montreal Protocol. This agreement, which the U.S. has signed along with most countries, aims to phase out these super pollutants by 80-85 percent by 2047.
But that’s not all. Hart also faces charges for importing HCFC 22, an ozone-depleting substance regulated under the Clean Air Act. While developing countries like Mexico have more time to phase out these substances, developed countries like the U.S. have stricter timelines. This discrepancy has highlighted the challenges and responsibilities countries face in addressing environmental issues.
This case marks the first prosecution in the United States to include charges related to the AIM Act. Assistant Attorney General Todd Kim emphasized the importance of enforcing laws designed to prevent environmental harm, stating, “It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change.”
David M. Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance, also weighed in, stressing that those seeking to profit from actions that worsen climate change must be held accountable. This arrest is a significant step in the EPA’s climate enforcement initiative, aimed at preventing illegal entry of climate super pollutants into the U.S.
How much longer before we arrested for having the wrong washing machines and stoves?
