Written by: Natalee Codispot
First Smuggling Charge of Greenhouse Gases into the United States
On March 4, 2024, Michael Hart was arrested in violation of the American Innovation and Manufacturing Act (“AIM Act”) of 2020.[1] The AIM Act[2] authorizes the United States Environmental Protection Agency (“EPA”) to phase out the use of hydrofluorocarbons (“HFCs”) by at least eighty-five percent by 2036.[3] HFCs are a type of synthetic greenhouse gas that is used in the process of cooling, insulation of buildings, and refrigeration.[4] Having an “average atmospheric lifetime of fifteen years,” the climate change impact of HFCs can be thousands of times greater than the effects of carbon dioxide.[5] The HFC Allocation Rule prohibits the importing of HFCs unless that person is authorized by the EPA to do so.[6] In fact, in 2021, an Interagency Task Force was enacted to seize illegally imported HFCs.[7] By 2022, the force seized the amount of HFCs that convert to over 889,000 metric tons of carbon dioxide.[8]
The indictment of Michael Hart alleged that he uploaded the HFCs on websites such as Facebook Marketplace to make a profit. [9] The indictment also indicates that that the HFCs were smuggled by Hart into the United States from Mexico.[10] According to the Environmental Investigation Agency, “climate super-pollutants” are chosen to be smuggled due to the high profit earned if sold.[11] According to the Attorney’s Office of Southern California, Hart is facing thirteen charges including the crimes of illegal importation and selling the illegally imported goods that can result in fines up to $750,000.[12] David Uhlmann, head of the EPA’s enforcement office, indicated that charging Hart marks the United States’ increased efforts to monitor and prevent illegal super-pollutants from entering into the country.[13]
Since Hart’s appearance in court on March 4, 2024, in which he pled not guilty to all charges, a pre-trial hearing has been set for March 25, 2024 before U.S. District Judge Jeffrey Miller.[14] Illegal importation of greenhouse gases undermines and threatens international efforts and regulations to monitor the effects of climate change.[15] Nationally, the arrest of Hart “highlights the significance of EPA’s climate enforcement initiative.”[16]
[1] California Man Arrested for Smuggling Potent Greenhouse Gases into the United States, U.S. Department of Justice, (Mar. 4, 2024), https://www.justice.gov/opa/pr/california-man-arrested-smuggling-potent-greenhouse-gases-united-states.
[2] American Innovation and Manufacturing (AIM) Act of 2020, 42 U.S.C. § 7675.
[3] Enforcement of the American Innovation and Manufacturing Act of 2020, U.S. Environmental Protection Agency, https://www.epa.gov/enforcement/enforcement-american-innovation-and-manufacturing-act-2020#:~:text=It%20prohibits%2C%20starting%20on%20January,.%20.%20.%20.%E2%80%9D%2040%20C.F.R, (last updated Mar. 18, 2024).
[4] Hydrofluorocarbons (HFCs), Climate & Clean Air Collation, https://www.ccacoalition.org/short-lived-climate-pollutants/hydrofluorocarbons-hfcs, (last visited Mar. 30, 2024).
[5] Id.
[6] 40 C.F.R. § 84.23(b)(2) (2021).
[7] Morgan McFall-Johnsen & Jenny McGrath, Greenhouse Gas Smuggling Was as Lucrative as Cocaine In The ‘90s. It’s Back- and the U.S. Government is Cracking Down With 2 New Arrests, Business Insider, (Mar. 12, 2024), https://www.businessinsider.com/greenhouse-gas-black-market-smuggling-hfc-arrests-crackdown-global-warming-2024- 3#:~:text=Greenhouse%20gas%20smuggling%20was%20as,down%20with%202%20new%20arrests.&text=An%20illegal%20trade%20in%20greenhouse,to%20close%20the%20ozone%20hole. https://www.businessinsider.com/greenhouse-gas-black-market-smuggling-hfc-arrests-crackdown-global-warming-2024-.
[8] EPA Announces Enforcement Actions to Control Hydrofluorocarbon Imports, U.S. Environmental Protection Agency, (Mar. 2. 2023), https://www.epa.gov/newsreleases/epa-announces-enforcement-actions-control-hydrofluorocarbon-imports.
[9] California Man Arrested for Smuggling Potent Greenhouse Gases into the United States, U.S. Department of Justice, (Mar. 4, 2024), https://www.justice.gov/opa/pr/california-man-arrested-smuggling-potent-greenhouse-gases-united-states.
[10] San Diego Man is First in the Nation to be Charged with Smuggling Potent Greenhouse Gases into the United States, United States Attorney’s Office Southern District of California, (Mar. 4, 2024), https://www.justice.gov/usao-sdca/pr/san-diego-man-first-nation-be-charged-smuggling-potent-greenhouse-gases-united-states.
[11] Cheryl Hogue, HFC Smuggling Undermines Climate Efforts, C&EN, (Nov. 11, 2021), https://cen.acs.org/environment/greenhouse-gases/HFC-smuggling-undermines-climate-efforts/99/web/2021/11.
[12] Rebecca Trager, First Prosecution in the US For Trafficking Greenhouse Gases, Chemistry World, (Mar. 8, 2024), https://www.chemistryworld.com/news/first-prosecution-in-the-us-for-trafficking-greenhouse-gases/4019110.article.
[13] Id.
[14] Emily Mae Czachor, San Diego Man is First in U.S. to be Charged with Smuggling Greenhouse Gases, CBS News, (Mar. 5, 2024), https://www.cbsnews.com/news/michael-hart-arrest-charge-smuggling-greenhouse-gases-hfcs-us-san-diego-california-mexico/.
[15] Major Greenhouse Gas Smuggling Investigation Leads to First U.S. Criminal Arrest, National Intellectual Property Rights Coordination Center, https://www.iprcenter.gov/news/major-greenhouse-gas-smuggling-investigation-leads-to-first-us-criminal arrest#:~:text=%E2%80%9CThe%20illegal%20smuggling%20of%20hydrofluorocarbons,of%20Enforcement%20and%20Compliance%20Assurance, (last visited Apr.27, 2024).
[16] Id.