Presidential Permit: Authorizing Enbridge Pipelines (Southern Lights) L.L.C. to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada
This Presidential Permit authorizes Enbridge Pipelines (Southern Lights) L.L.C., a subsidiary of a Canadian corporation, to operate and maintain existing pipeline border facilities in Neche, North Dakota, for transporting crude oil and various petroleum products between the United States and Canada.
This permit officially supersedes and revokes a previous permit issued in 2008 and subjects the operation and maintenance of the defined border facilities to numerous conditions, including compliance with all applicable federal, state, and local laws, granting government access for inspection, and establishing protocols for facility removal or government takeover in national security emergencies.
Arguments For
Ensures the legal authority for a specific, existing cross-border energy transportation infrastructure to continue operations across the U.S.-Canada border.
Provides regulatory clarity by superseding an outdated 2008 Presidential Permit, ensuring current legal frameworks apply.
Explicitly states that operations must comply with all applicable Federal, State, and local laws, including pipeline safety regulations administered by PHMSA.
Establishes clear conditions for maintenance, inspection access for government agencies, and indemnity for the U.S. against liability.
Arguments Against
The permit grants authority to a foreign-owned entity (indirectly owned by a Canadian corporation) to operate critical energy infrastructure crossing international borders, which some may view as a national interest compromise.
Article 4 allows the President to seize and operate the facilities for national security reasons, which could lead to operational disruption and require compensation payment.
Article 3 mandates the company remove the facilities at its own expense upon permit termination, which could be costly and create environmental liability if the company fails to comply.
Article 9 legally stipulates that the permit does not create any enforceable rights for any party against the United States, limiting recourse for stakeholders if operational issues arise.
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 Pipelines (Southern Lights) L.L.C. (the “permittee”). The permittee is a limited liability company, organized under the laws of the State of Delaware and an indirectly owned 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 Neche, 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, 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 10, 2008.
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 at Neche, Pembina County, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located approximately 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 Pipelines (Southern Lights) L.L.C. 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 with navigation elements for the White House website, identifying the page as listing 'Presidential Actions.' The core action grants a Presidential permit to Enbridge Pipelines (Southern Lights) L.L.C. This company, organized in Delaware but indirectly owned by the Canadian corporation Enbridge Inc., receives permission to operate and maintain existing pipeline border facilities located in Neche, Pembina County, North Dakota.
The permit specifically covers the transport of crude oil and various petroleum products, excluding natural gas regulated under a different act.
The permit explicitly supersedes and revokes a previous Presidential permit dated June 10, 2008.
It confirms that the border facilities must still comply with all existing relevant laws and regulations.
Definitions are provided for 'Facilities,' referring to the U.S. portion of the pipeline project related to a January 16, 2026, application amendment, and 'Border facilities,' which specifically means the 20-inch diameter pipeline section in the U.S. extending about 3 miles from the Canadian border to the first mainline shut-off valve or pumping station.
Article 1 mandates that the operation must adhere strictly to the permit's conditions unless the President approves a substantial change via amendment.
Minor changes, such as adjusting throughput capacity or flow direction, are allowed without a formal amendment.
Article 2 subjects the Border facilities' operation and maintenance to inspection by authorized Federal, State, and local agency representatives, granting them unrestricted access.
Compliance with all applicable laws, including pipeline safety regulations from the Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA), is required, alongside obtaining necessary state and local permits.
Article 3 details decommissioning requirements; upon termination or revocation, the permittee must remove the facilities at their own expense within a timeframe specified by the President.
Failure to comply allows the President to direct an agency to take possession or remove the facilities, for which the permittee cannot claim damages.
Article 4 reserves the right for the U.S., by Presidential judgment, to take possession and control of the facilities for national security purposes after giving due notice. If the U.S. exercises this right, the permittee is entitled to just and fair compensation based on a reasonable profit in normal conditions, and the U.S. must cover restoration costs minus any improvements made by the government.
Article 5 requires immediate written reporting of any transfer of ownership or control of the facilities or changes to the permittee’s name; the permit remains valid through such transfers unless the President explicitly revokes or amends it.
Article 6 assigns several responsibilities to the permittee: securing necessary right-of-way grants, easements, and permits; holding the U.S. harmless and indemnifying it against liabilities, including environmental contamination from hazardous substances; and maintaining all parts of the facilities in good repair and in compliance with the law.
Article 7 requires the permittee to submit sworn statements and reports regarding the facilities and operations to the President's designee and relevant agencies as required by law, while clarifying the permit functions solely as a directive from the President.
Article 8 obligates the permittee to provide requested information regarding the Border facilities' current status, ownership, operation, or maintenance changes to the President or designee.
Article 9 is a disclaimer stating the permit creates no substantive or procedural rights or benefits enforceable by any party against the U.S. government or any other person.
The document concludes with the signing date (April 15, 2026) and the signatory, Donald J. Trump.
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 Pipelines (Southern Lights) L.L.C. (the “permittee”). The permittee is a limited liability company, organized under the laws of the State of Delaware and an indirectly owned 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 Neche, 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, 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 executive authority to issue a Presidential permit to Enbridge Pipelines (Southern Lights) L.L.C., referred to as the permittee.
This entity is a Delaware limited liability company indirectly owned by Enbridge Inc., a Canadian corporation.
This action grants authorization for the permittee to operate and maintain existing pipeline Border facilities located at the US-Canada border in Neche, North Dakota.
The pipeline is permitted to transport crude oil and various refined or unrefined petroleum products, such as naphtha, jet fuel, and gasoline, but specifically excludes natural gas subject to a separate federal act.
This permit supersedes and revokes the Presidential permit issued previously, dated June 10, 2008.
This new permit officially replaces and cancels a preceding Presidential permit that was originally granted on June 10, 2008.
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 permit clarifies that its issuance does not override any other laws or regulations that might otherwise apply to the pipeline facilities.
Article 2 reinforces that the Border facilities must remain compliant with all applicable legal statutes and rules.
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 document defines 'Facilities' as the segment located within the United States that pertains to the permittee's application for a permit amendment dated January 16, 2026.
This definition includes all related land, structures, and associated equipment.
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 at Neche, Pembina County, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located approximately 3 miles from the international border, and any land, structures, installations, or equipment appurtenant thereto.
The 'Border facilities' are specifically defined as the existing 20-inch diameter pipeline section in the U.S. beginning at the Canadian border in Neche, North Dakota.
This section extends to the first shut-off valve or pumping station located roughly 3 miles inside the U.S. and includes all related infrastructure.
This permit is subject to the following conditions:
The authority granted by the permit is conditional upon the permittee adhering to the stipulations 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 subjects the Border facilities and their operation to all conditions of this permit and any future Presidential amendments.
The permittee cannot make significant changes to the facilities, their location, or operations without prior Presidential approval via an amendment.
However, the permittee is permitted to change the average daily throughput volume and the direction of product flow as long as it is achievable by the existing facilities, without needing a new amendment.
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 mandates that the operation and maintenance of the Border facilities must adhere to standards subject to inspection by authorized Federal, State, and local agency representatives, who must be granted unrestricted access.
The facilities must comply with all applicable laws and regulations, specifically mentioning pipeline safety regulations enforced by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the Department of Transportation.
Furthermore, the permittee is responsible for securing all necessary permits from state, local, and other 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 sets the decommissioning terms.
If the permit ends (through termination, revocation, or surrender), the President determines how long the permittee has to remove the Border facilities, which must be done at the permittee’s sole expense.
If the permittee fails to comply with the removal order, the President can order an official or agency to take possession or remove the facilities, charging all associated costs back to the permittee.
The permittee waives any right to claim damages against the U.S. government resulting from this possession or 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 establishes the government's right to seize control and possession of the Border facilities, or parts thereof, if the President deems it necessary for U.S. national security, provided the permittee receives due notice. Following a necessary period of U.S. control, possession can be returned to the permittee.
If the U.S. exercises this right, it must provide just and fair compensation to the permittee, calculated based on a reasonable profit under normal operating conditions.
The U.S. must also pay for restoring the facilities to their prior condition, minus the value of any improvements installed by the government during its tenure.
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’s designee in writing about any transfer of ownership or control over the Border facilities, including documentation identifying the new owner or controller.
The permit remains fully effective, including all its current conditions and amendments, even after such transfers, unless the President specifically 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 details operational responsibilities.
Paragraph (1) states the permittee must acquire all necessary right-of-way grants, easements, permits, and other required authorizations.
Paragraph (2) requires the permittee to indemnify and protect the United States from any liability resulting from the operation or maintenance of the facilities, explicitly including liability linked to the release or discharge of hazardous substances or waste.
Paragraph (3) requires the permittee to maintain the facilities in good repair and in compliance with all applicable laws to guarantee 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 obligates the permittee to submit sworn statements or reports concerning the Border facilities and related activities to the President's designee and other appropriate agencies as required by existing or future U.S. laws or regulations.
Despite these reporting duties to various agencies, the document clarifies that the permit is intended 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 obligates the permittee to furnish relevant information about the Border facilities to the President or the designee when requested.
This information might pertain to current operational status or any projected changes concerning 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 serves as a disclaimer, stating that the permit does not confer any substantive or procedural rights or legal benefits upon any party (including the permittee, government entities, employees, or any other person) that could be enforced through legal or equitable means against the United States.
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 Pipelines (Southern Lights) L.L.C. 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.
This concluding text states that the President has signed the document on April 15, 2026, which corresponds to the 250th year of U.S. Independence.
The document is signed by Donald J. Trump and is followed by standard website attribution linking back to the White House news page.
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