Executive Action Renews and Consolidates Cross-Border Pipeline Authorizations for Enbridge and Bakken Networks
Executive Office of the President
On April 15, 2026, the President of the United States issued a sweeping series of Presidential Permits authorizing Enbridge Energy, Enbridge Pipelines (Southern Lights), and Bakken Pipeline Company LP to operate, maintain, construct, and connect pipeline facilities at the U.S.-Canada international border.
Taking effect immediately, these executive actions consolidate and modernize the administrative framework for North American energy transport by superseding and revoking a patchwork of legacy permits dating as far back as 1953.
The permits formally authorize the continuous transport of crude oil and a comprehensive list of petroleum products across the border. Under the new operational mechanisms, the permittees are explicitly granted the authority to alter average daily throughput capacities to any achievable volume, as well as modify the directional flow of the products, without requiring subsequent presidential approval.
However, any substantial physical changes to the facilities or their specified geographical locations strictly require a formal permit amendment or a newly issued Presidential permit.
The regulatory structure mandates that any transfer of ownership, control, or corporate name changes be immediately communicated to the President, though the permits will remain fully in force notwithstanding such transfers.
Crucially, the authorizations grant the United States government the sovereign right to enter, take possession of, and manage the border facilities if deemed necessary for national security, provided the permittees receive fair compensation based on reasonable profit metrics.
Operationally, these permits solidify the legal foundation for major existing energy corridors while affirming strict regulatory compliance on the ground.
The physical infrastructure remains fully subject to inspection by relevant federal, state, and local agencies, and operators are required to grant unrestricted access to authorized officials.
Daily oversight of pipeline safety continues to be administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA) under the U.S. Department of Transportation.
The permittees hold total financial liability, indemnifying the U.S. government against any claims related to operations, maintenance, or environmental contamination stemming from hazardous material discharges.
Furthermore, the permits explicitly block private legal action, declaring that they do not create any substantive or procedural rights enforceable at law or in equity against the United States government.
The jurisdictional scope of these authorizations covers specific infrastructural assets across defined boundaries in North Dakota and Michigan.
In Pembina County, North Dakota, the permits cover multiple Enbridge and Southern Lights pipelines crossing near Neche, ranging from 18-inch to 36-inch diameters.
In Burke County, North Dakota, authorizations are granted to Bakken Pipeline Company for 12-inch and 24-inch pipelines located near Portal.
In St. Clair County, Michigan, the permits authorize two distinct 30-inch Enbridge pipelines crossing between the cities of Port Huron and Marysville.
The legally permitted transport scope across all lines is strictly limited to crude oil, naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel.
The transport of natural gas governed by Section 3 of the Natural Gas Act is explicitly exempted and prohibited under these authorizations.
