He is accused of smuggling, but not of drugs or weapons: they are greenhouse gases
The unusual contraband is selling for hundreds of dollars on Craigslist and Facebook: canisters of a banned refrigerant, for use in outdated refrigerators and air conditioners, that is also a potent planet-warming gas.
On Monday, a California man was the first in the country to be arrested and charged with smuggling powerful gases into the United States, a felony. according to the United States Attorney’s Office for the Southern District of California.
Michael Hart, 58, of San Diego, is accused of purchasing coolants in Mexico and smuggling them across the border in his vehicle, concealing the canisters under a tarp and tools. Mr. Hart then posted the refrigerants for sale on OfferUp, Facebook Marketplace and other sites and sold them for a profit, federal agents say.
Mr. Hart pleaded not guilty. He is charged with conspiracy, importation in violation of the law and sale of goods imported in violation of the law. Attempts to reach lawyers for Mr. Hart were unsuccessful.
“This is the first time the Department of Justice has prosecuted someone for illegally importing greenhouse gases, and it will not be the last,” Tara McGrath, a U.S. attorney, said in a statement. “We are using every means necessary to protect our planet from the damage caused by toxic pollutants, including pursuing criminal charges.”
The refrigerant gases in question, called hydrofluorocarbons or HFCs, were used in the 1990s to replace another type of refrigerant that was depleting the ozone layer, the part of Earth’s atmosphere that protects life from harmful parts of solar radiation. But scientists found that HFCs can warm the planet hundreds or even thousands of times as much as carbon dioxide, causing climate change.
to land 2016 agreed to begin phasing out HFCs, and since 2020, the United States as well has banned imports of the coolant without permission. Domestic HFC production is also being phased out.
But environmental regulators and researchers have been warning for years about the illegal global trade in HFCs, which are used to keep older refrigeration and air conditioning systems running. They are also used in foam insulation, fire suppression systems and aerosol cans.
In 2019 and 2020, authorities in the European Union, which began phasing out HFCs almost a decade ago, more recovered then 250 tons of illegal HFCs in nearly 600 seizures in 24 countries.
In the United States, there are many advertisements offering bus HFC refrigerants, as well as the older type of coolant, chlorofluorocarbons, or HCFCs.
“Partial 10 lb can of R22 refrigerant,” read a recent ad on Craigslist in Severna Park, Maryland, referring to a refrigerant also known as HCFC-22, once a common refrigerant in residential and commercial air conditioning that is now heavily taxed . limited. “$200 cash only.”
Mr. Hart’s indictment alleged that he also imported HCFC-22. Most of the world agreed to phase out the use of HCFCs a milestone 1987 agreement.
Conspiracy charges carry a maximum penalty of five years in prison and a $250,000 fine. The other two charges Mr. Hart faces carry a maximum penalty of 20 years in prison and a $250,000 fine.
David M. Uhlmann, chief enforcement officer at the Environmental Protection Agency, said in a statement that the illegal smuggling of these gases “undermines international efforts to combat climate change.”
“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable,” he said.