Presidential Permit: Authorizing Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at St. Clair County, Michigan, at the International Boundary Between the United States and Canada
The document issues a Presidential Permit, effective April 15, 2026, granting Enbridge Energy, Limited Partnership authority to operate and maintain existing cross-border pipeline facilities in St. Clair County, Michigan.
This permit specifies that the facilities transport crude oil and various petroleum products between the United States and Canada, superseding a 1991 permit.
The permit outlines several conditions, including adherence to all relevant federal and state laws, subjecting operations to inspection, mandating the permittee indemnify the United States against liability, and reserving the right for the President to take possession of the facilities for national security purposes.
Arguments For
Grants explicit legal authority to an identified limited partnership (Enbridge Energy, L.P.) to operate and maintain specific existing petroleum product pipeline facilities at the U.S.-Canada border in Michigan.
Supersedes and revokes a previous permit from 1991, ensuring the regulatory framework governing these existing facilities is current.
Establishes clear operational parameters, including allowing changes to average daily throughput capacity and product flow direction, provided substantial changes to the facilities or location require further Presidential amendment.
Mandates compliance with all applicable Federal, State, and local laws and regulations, including pipeline safety standards enforced by PHMSA, ensuring ongoing public and environmental safety controls.
Arguments Against
Authorizes the transport of crude oil and petroleum products across an international border, which may raise environmental concerns regarding potential spills or leaks affecting the Great Lakes region or local ecosystems.
Cedes specific authority regarding border infrastructure operation to a foreign-controlled entity (Enbridge Inc. is a Canadian corporation), potentially raising concerns about national security or economic leverage.
The permit grants the President broad authority to take possession of the facilities for national security reasons, although it promises "just and fair compensation," which could lead to disputes over valuation.
Places the full financial burden of facility removal (if the permit is terminated) or costs incurred during a U.S. government takeover upon the permittee, which transfers risks to the company.
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 St. Clair County, 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, 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 December 12, 1991.
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 30-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 St. Clair County, Michigan, to and including the first mainline shut-off valve or pumping station in the United States located approximately 0.3 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 St. Clair County, Michigan, at the International Boundary Between the United States and Canada appeared first on The White House.
The document begins with navigational elements from The White House website, clearly labeling the content as "Presidential Actions." This introductory context frames the following text as an official directive from the President.
The President acts based on vested authority, granting a Presidential permit to Enbridge Energy, Limited Partnership (the permittee).
The permittee is identified as a Delaware limited partnership, indirectly owned by the Canadian corporation Enbridge Inc. Permission covers the operation and maintenance of existing pipeline Border facilities located along the U.S.-Canada international border in St. Clair County, Michigan.
This new permit specifically authorizes the transport of crude oil and various petroleum products (like naphtha, gasoline, and diesel) but explicitly excludes natural gas regulated under Section 3 of the Natural Gas Act.
The directive explicitly states that this new permit replaces and revokes the permit previously issued on December 12, 1991, ensuring a consolidated, current regulatory instrument.
Standard legal provisions confirm that existing laws and regulations remain applicable to the Border facilities; they are not waived by this permit.
Definitions clarify that "Facilities" refers to the U.S. portion of the pipeline project related to a January 16, 2026, amendment application, while "Border facilities" specifically refers to the 30-inch diameter pipeline segment extending about 0.3 miles into the U.S. from the border, up to the first shut-off valve or station.
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 subjects the described Border facilities and all operations to the terms of this permit and any future Presidential amendments.
The permittee cannot make any substantial changes to the facilities or their location, nor change the authorized operation, without securing a Presidential amendment or a new permit first.
However, this article clarifies an exception: the permittee is permitted to alter the average daily throughput volume, provided the volume is achievable by the existing facilities, and also to change the directional flow of the transported products without requiring prior 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 ensures regulatory oversight by making the operation and maintenance standards of the Border facilities open to inspection by authorized Federal, State, and local agency representatives.
The permittee must grant these authorized officials free and unrestricted access to the facilities.
Furthermore, the facilities must comply fully with all applicable laws, specifically mentioning pipeline safety regulations administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the Department of Transportation.
The permittee also carries the responsibility to secure all necessary permits from relevant State, local, and other 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 dictates the procedure upon the permit's termination, revocation, or surrender.
Unless the President directs otherwise, the permittee must remove the Border facilities at its own cost within a timeframe specified by the President.
If the permittee fails to comply with an order for removal or corrective action, the President has the authority to direct a federal official or agency to seize or remove the facilities, executing this action entirely at the permittee's expense.
The permittee waives any right to claim damages resulting from this seizure or mandated removal 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 4 grants the United States the right to take possession, management, or control of the Border facilities, or parts of them, if the President deems it necessary for U.S. national security.
This entitlement requires the President or their designee to provide due notice to the permittee beforehand.
Following national security use, the United States retains the right to return possession and control to the permittee.
If the government exercises this power, it commits to paying the permittee "just and fair compensation" based on a reasonable profit under normal operating conditions.
Additionally, the U.S. must cover the cost to restore the facilities to their prior condition, minus the value of any improvements the U.S. made during occupancy.
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 mandates that any transfer involving ownership, control, or even a change in the permittee's name must be communicated to the President or designee immediately and in writing, including the identification of any new transferee.
Despite any such transfers or name changes, the permit continues to be fully effective, including all its conditions and requirements, unless the President subsequently terminates, revokes, or amends it.
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 three key responsibilities for the permittee.
First, section (1) makes the permittee solely responsible for obtaining necessary right-of-way grants, easements, permits, and any other required authorizations.
Second, section (2) requires the permittee to defend and financially protect (indemnify) the United States against any liability, adjudicated or claimed, resulting from the operation or maintenance of the facilities, especially covering liability for environmental contamination by hazardous substances.
Section (3) ensures safety by requiring the permittee to keep the Border facilities and all their components in good repair and in compliance with applicable law at all times.
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 outlines reporting requirements.
The permittee must submit sworn statements or reports regarding the Border facilities or its operational activities to the President, the President's designee, and other appropriate agencies.
These reports must comply with any current or future U.S. law or agency regulation.
However, the article explicitly limits the scope of these reporting requirements by affirming that the intent is for the permit to function solely as a directive issued directly by the President, separate from broader regulatory mandates.
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 their designee the power to request information from the permittee concerning the Border facilities.
This information request power is broad, covering current operating conditions and any planned or anticipated changes related to ownership, control, operation, or maintenance of the infrastructure.
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 serves as a legal disclaimer, stating clearly that the permit's existence does not establish any enforceable legal right or benefit, whether substantive or procedural, for any party—including the permittee, the U.S. government entities, employees, or any other person—in a court of law or equity.
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 St. Clair County, Michigan, at the International Boundary Between the United States and Canada appeared first on The White House.
This concluding section formally enacts the permit.
It states the signing date is April 15, 2026, referencing the 250th year of U.S. Independence, and is signed by Donald J. Trump in his capacity as President.
The final lines are website boilerplate indicating the title of the action and its original source on The White House website.
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