Presidential Permit: Authorizing Enbridge Energy Company, INC. to Operate and Maintain Existing Pipeline Facilities at St. Clair County, Michigan, at the International Boundary Between the United States and Canada
This Presidential Permit grants Enbridge Energy Company, Inc., a Delaware-registered subsidiary of a Canadian corporation, the authority to operate and maintain its existing pipeline border facilities located between Port Huron and Marysville, Michigan, for the purpose of transporting crude oil and various petroleum products across the U.S.-Canada international boundary.
The permit supersedes a prior 1953 authorization and outlines several conditions, including adherence to all applicable federal, state, and local regulations, providing access for government inspection, requiring removal upon termination unless otherwise directed, and reserving the President's right to take possession of the facilities for national security purposes.
Arguments For
The action ensures continued, regulated cross-border infrastructure operation necessary for the energy supply chain between the United States and Canada.
Granting the permit supersedes and revokes a previous 1953 permit, updating the official authorization framework for the existing border facilities.
Conditions mandate adherence to all applicable federal, state, and local laws, including pipeline safety regulations enforced by PHMSA, ensuring regulatory oversight.
The permit secures the right for the U.S. government to take possession of the facilities for national security reasons, compensating the permittee fairly if invoked.
Arguments Against
The permit allows the transport of various petroleum products, including crude oil, which may raise environmental concerns regarding potential spills or pipeline ruptures near the St. Clair River and surrounding ecosystems.
Allowing changes in throughput capacity (up to achievable volumes) without requiring a formal amendment might lead to increased operational stress or environmental impact without prior specific presidential review.
The permittee bears full liability, including indemnifying the U.S. against environmental contamination claims arising from the operation of the border facilities.
The permit explicitly states it creates no enforceable legal right or benefit against the United States, limiting recourse for stakeholders if operational issues arise due to federal oversight failure.
By virtue of the authority vested in me as President of the United States of America (the “President”), I hereby grant this Presidential permit, subject to the conditions herein set forth to Enbridge Energy Company, Inc. (the “permittee”). The permittee is a company formed under the laws of the State of Delaware and is a subsidiary of Enbridge Inc., a corporation organized under the laws of Canada. Permission is hereby granted to the permittee to operate and maintain existing pipeline Border facilities, as described herein, at the international border of the United States and Canada in St. Clair County, Michigan between the cities of Port Huron and Marysville, Michigan, for the transport between the United States and Canada of crude oil and petroleum products of every description, refined or unrefined (inclusive of, but not limited to, naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel), but not including natural gas subject to section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b).
The President invokes constitutional authority to issue this legally binding permit to Enbridge Energy Company, Inc., which is a Delaware corporation and a subsidiary of the Canadian company, Enbridge Inc. This grants permission to operate and maintain specific existing pipeline border facilities in St. Clair County, Michigan, specifically around Port Huron and Marysville.
The authorization covers the transport of crude oil and all types of petroleum products between the U.S. and Canada, explicitly excluding natural gas covered under the Natural Gas Act.
This permit supersedes and revokes the Presidential permit issued previously, dated April 28, 1953.
This new presidential authorization replaces and cancels the previous permit concerning these border activities, which was originally issued on April 28, 1953.
This permit does not affect the applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of this permit, the Border facilities shall remain subject to all such laws and regulations.
Issuing this permit does not exempt the pipeline facilities from any existing applicable federal, state, or local laws and regulations; in fact, Article 2 confirms that all standard relevant laws continue to apply.
The term “Facilities” as used in this permit means the portion in the United States of the international pipeline project associated with the permittee’s January 16, 2026, application for an amendment to its existing permit, and any land, structures, installations, or equipment appurtenant thereto.
The defined term "Facilities" refers to the U.S. portion of the international pipeline project related to the permittee's application from January 16, 2026, along with any associated land or equipment.
The term “Border facilities” as used in this permit means those parts of the Facilities consisting of a 30-inch diameter in existence at the time of this permit’s issuance extending from a point between the cities of Port Huron and Marysville, Michigan, to a point in the St. Clair River on the international boundary between the United States and Canada, to and including the first mainline shut-off valve or pumping station in the United States located approximately 1.5 miles from the international border, and any land, structures, installations, or equipment appurtenant thereto.
"Border facilities" are specifically defined as the existing 30-inch diameter pipeline components running from the Port Huron/Marysville area into the St. Clair River at the international boundary.
This definition includes the pipeline up to the first mainline shut-off valve or pump station located about 1.5 miles inside the U.S. border, plus associated structures.
This permit is subject to the following conditions:
The authorization granted by this document is contingent upon the permittee adhering to the following mandatory terms outlined in the subsequent Articles.
Article 1. The Border facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions, and requirements of this permit and any subsequent Presidential amendment to it. The permittee shall make no substantial change in the Border facilities, in the location of the Border facilities, or in the operation authorized by this permit unless the President has approved the change in an amendment to this permit or in a new permit. Such substantial changes do not include, and the permittee may make, changes to the average daily throughput capacity of the Border facilities to any volume of products that is achievable through the Border facilities, and to the directional flow of any such products.
Article 1 mandates that the permittee must comply with all conditions in this permit and any future Presidential amendments.
The permittee cannot make significant changes to the facilities' physical status or location, or to the authorized operations, without prior Presidential approval through an amendment.
However, changes to the average daily volume transported, up to the facility's maximum achievable capacity, and changes in the direction of product flow are specifically excluded from requiring this formal approval.
Article 2. The standards for, and the manner of, operation and maintenance of the Border facilities shall be subject to inspection by the representatives of appropriate Federal, State, and local agencies. Officers and employees of such agencies who are duly authorized and performing their official duties shall be granted free and unrestricted access to the Border facilities by the permittee. The Border facilities, including the operation and maintenance of the Border facilities, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations issued or administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee shall obtain requisite permits from relevant State and local governmental entities, and relevant Federal agencies.
Article 2 subjects the operation and maintenance standards of the facilities to inspection by authorized federal, state, and local agency representatives, who must be given unrestricted access.
The facilities must comply with all applicable laws, specifically mentioning pipeline safety regulations overseen by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
Furthermore, the permittee is required to secure all necessary permits from governing state, local, and federal entities.
Article 3. Upon the termination, revocation, or surrender of this permit, unless otherwise decided by the President, the permittee, at its own expense, shall remove the Border facilities within such time as the President may specify. If the permittee fails to comply with an order to remove, or to take such other appropriate action with respect to, the Border facilities, the President may direct an appropriate official or agency to take possession of the Border facilities — or to remove the Border facilities or take other action — at the expense of the permittee. The permittee shall have no claim for damages caused by any such possession, removal, or other action.
Article 3 stipulates that if the permit ends, is revoked, or is surrendered, the permittee must remove the Border facilities at its own cost within a timeframe set by the President.
If the permittee fails to comply, the President can order an official or agency to take control of the facilities or remove them, charging all expenses to the permittee.
The permittee cannot claim damages resulting from the U.S. government taking possession or removing the facilities under this condition.
Article 4. When, in the judgment of the President, ensuring the national security of the United States requires entering upon and taking possession of any of the Border facilities or parts thereof, and retaining possession, management, or control thereof for such a length of time as the President may deem necessary, the United States shall have the right to do so, provided that the President or his designee has given due notice to the permittee. The United States shall also have the right thereafter to restore possession and control to the permittee. In the event that the United States exercises the rights described in this article, it shall pay to the permittee just and fair compensation for the use of such Border facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of restoring the Border facilities to their previous condition, less the reasonable value of any improvements that may have been made by the United States.
Article 4 grants the President the authority to seize possession, management, or control of the Border facilities if U.S. national security demands it, provided the permittee receives due notice; the U.S. can later return control.
If the government exercises this right, it must provide the permittee with fair compensation based on a reasonable profit margin under normal conditions, and cover the costs to restore the facilities to their prior state, minus the value of any improvements the U.S. made.
Article 5. Any transfer of ownership or control of the Border facilities, or any part thereof, or any changes to the name of the permittee, shall be immediately communicated in writing to the President or his designee, and shall include information identifying any transferee. Notwithstanding any such transfers or changes, this permit shall remain in force subject to all of its conditions, permissions, and requirements, and any amendments thereto.
Article 5 requires the permittee to promptly notify the President or designee in writing of any transfer of ownership or control over the facilities, including details about the new owner.
Regardless of these transfers or name changes, the existing permit remains fully effective with all its conditions and amendments.
Article 6. (1) The permittee is responsible for acquiring any right-of-way grants or easements, permits, and other authorizations as may become necessary or appropriate.
(2) The permittee shall hold harmless and indemnify the United States from any claimed or adjudged liability arising out of operation or maintenance of the Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee shall maintain them and every part of them in a condition of good repair and in compliance with applicable law.
Article 6 places several responsibilities on the permittee.
Clause (1) requires the permittee to secure all necessary rights-of-way, easements, and permits independently.
Clause (2) forces the permittee to defend and financially protect the U.S. government against any liability claims related to operating the facilities, specifically mentioning indemnification against environmental contamination from hazardous substances.
Clause (3) mandates that the permittee must keep the facilities in good repair and consistently compliant with all relevant laws to ensure safe operation.
Article 7. The permittee shall file with the President or his designee, and with appropriate agencies, such sworn statements or reports with respect to the Border facilities, or the permittee’s activities and operations in connection therewith, as are now, or may hereafter, be required under any law or regulation of the United States Government or its agencies. These reporting obligations do not alter the intent that this permit be operative as a directive issued by the President alone.
Article 7 requires the permittee to submit sworn statements and reports concerning the Border facilities and its operations to the President's designee and other governmental agencies as required by current or future U.S. laws.
The document clarifies that these parallel reporting requirements do not change the fundamental nature of the permit as a direct directive from the President.
Article 8. Upon request, the permittee shall provide appropriate information to the President or his designee with regard to the Border facilities. Such requests could include information concerning current conditions or anticipated changes in ownership or control, operation, or maintenance of the Border facilities.
Article 8 obligates the permittee to furnish relevant information regarding the Border facilities to the President or designee upon request.
This information could cover the facilities' current status or any intended future changes in ownership, control, operation, or maintenance.
Article 9. This permit is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Article 9 is a disclaimer stating that the permit does not establish any rights or benefits, whether substantive or procedural, that any party can legally enforce against the United States government, its various components, officials, or any other individual.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of April, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
This final section confirms the date of issuance—April 15, 2026, marking the 250th year of American Independence—and formally enacts the permit over the signature of President Donald J. Trump.
This concluding text is standard website boilerplate, indicating where the official announcement was first published online on The White House website and providing the publication date.
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