Presidential Permit: Authorizing Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada
The President issued a Presidential Permit authorizing Enbridge Energy, Limited Partnership, a subsidiary of a Canadian corporation, to operate and maintain its existing pipeline Border facilities in Pembina County, North Dakota, for the purpose of transporting crude oil and petroleum products between the United States and Canada.
This permit supersedes a previous 1994 permit and outlines nine specific conditions, including subjecting the facilities to federal, state, and local regulation, requiring the permittee to remain responsible for maintenance and indemnification, and reserving the President's right to take possession of the facilities for national security reasons.
Arguments For
Grants the authority necessary for the permittee, an indirect subsidiary of a Canadian corporation, to operate and maintain existing pipeline infrastructure crossing the U.S.-Canada border for transporting crude oil and petroleum products, thus supporting international energy trade and supply continuity.
Establishes clear regulatory oversight by subjecting the Border facilities to inspection by Federal, State, and local agencies, ensuring compliance with all applicable laws, including pipeline safety regulations (PHMSA).
Protects U.S. national security interests by reserving the President's right to take possession and control of the facilities if deemed necessary, while guaranteeing just compensation to the permittee in such an event.
Ensures environmental and operational accountability by making the permittee responsible for all necessary permits, maintaining facilities in good repair, and indemnifying the United States against liability arising from operations or contamination.
Arguments Against
The action delegates authority for cross-border energy transport of crude oil to a foreign-controlled entity, potentially raising concerns about economic sovereignty and the security of critical energy infrastructure.
Imposing strict conditions regarding substantial changes and transfer of ownership could create regulatory delays or inflexibility for future operational adjustments or corporate restructuring of the permittee.
While the U.S. reserves the right to take control for national security, the compensation clause, based on "a reasonable profit in normal conditions," might be viewed by critics as an insufficient valuation standard during a national emergency.
The permit explicitly states it creates no enforceable legal rights or benefits against the United States, which may limit legal recourse for the permittee or affected third parties should disputes arise regarding operational mandates or access rights.
Presidential Actions
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, Limited Partnership (the “permittee”). The permittee is a limited partnership organized under the laws of the State of Delaware and is an indirect 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 Pembina County, North Dakota, 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).
This permit supersedes and revokes the Presidential permit issued previously, dated June 16, 1994.
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.
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 term “Border facilities” as used in this permit means those parts of the Facilities consisting of a 20-inch diameter pipeline in existence at the time of this permit’s issuance extending from the international border between the United States and Canada in Pembina County, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located approximately 15.5 miles from the international border, and any land, structures, installations, or equipment appurtenant thereto.
This permit is subject to the following conditions:
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 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 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 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 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, unless subsequently terminated, revoked, or amended by the President.
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 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 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 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.
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
The post Presidential Permit: Authorizing Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada appeared first on The White House.
The document begins by establishing that the authority for this action derives from the President of the United States.
It grants a Presidential permit to Enbridge Energy, Limited Partnership, which is organized under Delaware law and is an indirect subsidiary of the Canadian corporation Enbridge Inc.
This permission allows the permittee to operate and maintain existing pipeline Border facilities located at the U.S.-Canada border in Pembina County, North Dakota.
The pipeline transport is authorized for crude oil and all related petroleum products, specifically excluding natural gas covered under the Natural Gas Act.
This new permit replaces and revokes a previous Presidential permit issued in June 1994.
The issuance confirms that all applicable laws and regulations remain in effect for the Border facilities, as detailed in Article 2.
The document defines "Facilities" as the U.S. portion of the international pipeline project related to the permittee's January 16, 2026, amendment application.
The "Border facilities" are further specified as the existing 20-inch diameter pipeline extending about 15.5 miles from the border to the first mainline shut-off valve or pumping station in the U.S.
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 dictates that the described Border facilities must operate according to all conditions, provisions, and requirements of this permit, including any future Presidential amendments.
The permittee cannot make significant changes to the facilities' nature, location, or authorized operation unless the President approves the change via an amendment or new permit.
However, the permit explicitly allows the permittee to alter the average daily throughput capacity up to the facility's achievable limit.
Additionally, the permittee is permitted to change the directional flow of the transported products without requiring prior presidential approval for those specific adjustments.
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 of the Border facilities to inspection by authorized representatives from Federal, State, and local government agencies.
The permittee must grant these authorized agency personnel free and unrestricted access to the facilities.
Furthermore, the facilities, in their operation and maintenance, must comply with all relevant laws and regulations.
This explicitly includes pipeline safety laws and regulations managed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation.
The permittee is also required to secure all necessary permits from pertinent State, local, and Federal governmental bodies.
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 outlines the procedure for when the permit ends through termination, revocation, or surrender.
In such cases, the permittee must remove the Border facilities at their own cost within a timeframe set by the President, unless the President decides otherwise.
If the permittee fails to comply with an order for removal or other required action, the President has the authority to instruct an official or agency to take possession of the facilities or remove them.
All costs associated with the government taking possession or removal will be charged to the permittee, and the permittee waives any claim for damages resulting from these actions.
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 United States the right to take possession, management, or control of the Border facilities if the President determines it is necessary to ensure national security, provided the permittee receives due notice. After exercising this right, the U.S. also retains the ability to restore possession and control back to the permittee.
If the U.S. takes possession, it must pay the permittee "just and fair compensation" for the use of the facilities, calculated based on "a reasonable profit in normal conditions." The U.S. government also assumes the expense of restoring the facilities to their prior condition, discounting the reasonable value of any improvements made by the government.
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, unless subsequently terminated, revoked, or amended by the President.
Article 5 requires the permittee to immediately notify the President or the President's designee in writing about any transfer of ownership or control over any part of the Border facilities, or any change in the permittee's name.
This notification must include identifying information about the transferee.
Importantly, the permit remains effective, along with all its existing conditions and amendments, even after ownership or name changes occur, unless the President formally terminates, revokes, or amends the permit.
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 establishes several core responsibilities for the permittee.
Subdivision (1) states the permittee must secure all necessary right-of-way grants, easements, permits, and other authorizations required for the project.
Subdivision (2) mandates that the permittee must indemnify and hold the United States harmless against any liability, whether claimed or legally adjudged, that results from the operation or maintenance of the Border facilities.
This financial protection specifically includes liability stemming from environmental contamination due to the release or discharge of hazardous substances or waste.
Subdivision (3) requires the permittee to maintain the Border facilities, including every component, in a state of good repair and ensure ongoing compliance with all applicable laws.
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 imposes a comprehensive reporting requirement on the permittee.
The permittee must submit sworn statements and reports to the President (or designee) and relevant agencies concerning the Border facilities, as well as concerning the permittee's associated activities and operations.
These reporting duties apply to all requirements currently existing or that may be established in the future under any U.S. Government law or agency regulation.
The requirement clarifies that these reporting obligations do not change the fundamental nature of the permit, which is intended to function solely as a directive issued by 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 grants the President or designee the authority to request relevant information from the permittee regarding the Border facilities.
This includes current operational conditions.
The scope of the information requested may cover anticipated changes regarding ownership, control, operation, or maintenance of the pipeline facilities.
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 regarding enforceability.
The permit explicitly states that it is not intended to create any substantive or procedural right or benefit that can be enforced legally or equitably.
This limitation applies to any party, including the United States government entities, its staff, or any other individual or entity.
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 concluding part documents the formal execution of the permit.
The document confirms that the President set their hand to the permit on April 15, 2026, which corresponds to the 250th year of American Independence.
The authorized signatory is identified as DONALD J. TRUMP.
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