A REMARKABLE ARREST: A California man was arrested and charged with smuggling greenhouse gases into the U.S. on Monday – the first case of its kind in the U.S.
The deets: Michael Hart, 58, of San Diego is being accused of illegally importing hydrofluorocarbons from Mexico – potent GHGs that are commonly used as refrigerants. According to a press release from California’s Southern District Attorney’s office, Hart purchased the GHGs in Mexico and smuggled them into the U.S. in his vehicle, hiding them under a tarp and tools. Afterwards, the complaint alleges, Hart sold these chemicals on various websites, such as OfferUp and Facebook Marketplace. The indictment also alleges Hart imported HCFC 22 – otherwise known as chlorodifluoromethane – which is a substance that eats at the ozone, and is regulated under the Clean Air Act.
Why it’s notable: This is the first prosecution ever in the U.S. to include charges related to the American Innovation and Manufacturing Act of 2020, which prohibits the importation of HFCs without approvals from the Environmental Protection Agency, according to the press release.
The charges at hand: Hart is being charged with one count of conspiracy, five counts of illegal importation, and seven counts of illegal sales of merchandise. If charged on all counts, the defendant could face up to 45 years in prison and $750,000 in fines.
“Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable,” said David Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance. “This arrest highlights the significance of EPA’s climate enforcement initiative and our efforts to prevent refrigerants that are climate super pollutants from illegally entering the United States.”
Why this is important: Under the Montreal Protocol – an international treaty that aims to phase out chemicals that are responsible for ozone depletion – the U.S. is required to gradually phase out the use of HFCs. The treaty was amended through the Kigali amendment, which further clamps down on HFCs by 80-85% by 2047. The illegal importation of these chemicals into the U.S. could threaten these goals, if seen on a mass scale.
Something to note: These laws were written with the intention of regulating industries releasing HFCs. It’s perhaps a bit surprising that the first enforcement action would be brought against a lone individual hauling HFCs across the border to sell on Facebook Marketplace.
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BARRASSO WANTS THE GOP WHIP: Senate Republican Conference Chairman and Energy and Natural Resources Ranking Member John Barrasso is looking to replace the current whip, Sen. John Thune, as the No. 2 Senate Republican, our Emily Jacobs reports.
Barrasso was among the three front-runners for outgoing Senate Minority Leader Mitch McConnell’s role, and his decision to seek the GOP whip role instead means he is now running unopposed.
What this means for his ENR spot: The senator will have to step down from his position as the top Republican on the ENR committee if he wins the whip gig, according to the conference’s rules. This would open up the top slot on the committee – which would go to the most senior Republican, if they so choose. Sen. James Risch, ranking member of the Foreign Relations Committee, would have to swap his chair positions if he wanted the job. But the next most senior member is Sen. Mike Lee, who isn’t the ranking member of any “A” committees.
AMAZON BUYS $650 MILLION NUCLEAR PLANT FOR DATA CENTER: Amazon Web Services has purchased the data center of a nuclear power campus in Pennsylvania, a $650 million acquisition that will allow Amazon’s cloud company to tap the carbon-free power source for its operations.
The deal, according to owners Talen Energy, will allow AWS to build out its 960 MW center, which it will do in 120 MW increments over the next several years.
Data centers and servers such as the one Amazon is acquiring are highly energy intensive, consuming some 10 to 50 times the energy per floor space of a typical commercial office, according to the Department of Energy.
The deal grants Amazon a 10-year Power Purchase Agreement from the Talen-owned Susquehanna Steam nuclear power station. The 2.5 GW facility is one of the largest nuclear power plants in the U.S., and company officials said AWS will have two 10-year options to renew.
BIDEN’S RELAXED POWER PLANT RULES RAISE FEARS ABOUT CLIMATE TARGETS: The EPA’s decision to exclude existing natural gas plants from its draft carbon emissions rule could imperil President Joe Biden’s climate and emissions reduction targets, analysts are saying.
Gas-fired plants make up more than 40% of total U.S. power sector greenhouse gas emissions and are on track to outpace coal as the largest emitter as early as 2028. And while EPA officials said they are working to draft a separate rule for gas-fired plants, it can take years to draft and finalize these types of regulations—an effort that could be axed completely, pending the outcome of the November presidential election.
“The Trump administration displayed enormous hostility to environmental protections for American communities when they were in power,” the Center for American Progress’s Trevor Higgins told Reuters.”They intend to roll back and halt climate policy across the board.”
TEXAS EYES STATE PARK LAND SWAP WITH SPACEX: The Texas Parks and Wildlife Commission announced yesterday it will allow for the state to negotiate a land swap with SpaceX, clearing the way for officials to begin hashing out the details of a swap and start conducting environmental assessments.
According to the commission, the deal would give SpaceX 43 acres from the Boca Chica State Park outside Brownsville in exchange for some 477 acres of SpaceX-owned land, near the Laguna Atascosa National Wildlife Refuge in the Lower Rio Grande Valley.
Commission officials said the swap would give Texas a “tenfold return” and would allow it to begin planning for a state park in an area they described as “one of the most biologically diverse regions in North America.”
The criticism: Still, the approval process angered Boca Chica area residents, who massed in Austin yesterday to speak at and canvass outside the commission’s meeting. Many had driven 300 miles to voice their concerns, the Texas Tribune reports.
Some cited concerns that the move could limit recreational activity and beach access. Others fear the swap could harm protected or endangered species, including the Kemp’s ridley sea turtle—the most endangered species of sea turtle in the world that uses the beaches for 95% of its annual nesting. Read more from the Texas Tribune here.
RUNDOWN
Associated Press Trillions of gallons leak from aging drinking water systems, further stressing shrinking US cities
Financial Times Tesla evacuates German plant after suspected arson attack triggers power cuts
