NS ENERGY•04-18-2026April 18, 2026•3 min
oil-gasThe US Government has authorised Enbridge Energy to continue operating and maintaining its existing cross-border pipeline facilities at Pembina County, North Dakota, following the issuance of a new presidential permit.
Enbridge Energy is a Delaware-based limited partnership and a subsidiary of Canada-based Enbridge.
The newly issued permit enables it to transport crude oil and petroleum products across the international boundary between the US and Canada near Neche, North Dakota. It replaces the one that was formerly granted in October 2017.
The authorisation covers a specific segment of the pipeline, defined as a 36in diameter section. It extends from the US-Canada border to the first mainline shut-off valve or pumping station within approximately three miles of the crossing point.
According to the White House, the permit does not apply to natural gas regulated by section 3 of the Natural Gas Act. However, it includes other petroleum-derived products such as diesel, gasoline, jet fuel, kerosene, liquefied petroleum gas (LPG) and naptha.
US federal, state and local officials retain inspection authority over the operation and maintenance of the border facilities to ensure adherence to all applicable safety laws, regulations and permitting requirements.
The conditions of the permit stipulate that Enbridge must seek presidential approval for any substantial change to the facilities or their operation. However, the company may implement adjustments in throughput capacity or flow direction without further amendment.
Presidentially granted rights include the removal of the facilities at the permittee’s expense upon termination or revocation of the permit.
President Donald Trump may also direct another official or agency to carry out removal or other actions related to the pipeline if Enbridge does not comply with removal orders.
In instances where national security requires, the president may order federal possession and control of the facilities, notifying Enbridge in advance.
Appropriate compensation for such use, based on fair market value and reasonable profit, will be provided. Restoration to the prior condition will also be covered, although this excludes any improvements made by the government.
Enbridge must notify the president or his designee of any transfers in ownership or control of the facilities or changes to the name of the permittee. These changes do not affect the validity of the permit except where later revoked or amended by the president.
The company remains responsible for securing all necessary rights-of-way, permits and authorisations. It also must indemnify the US against any liabilities arising from the operation or maintenance of the pipeline, including those related to environmental contamination.
Ongoing reporting requirements oblige Enbridge to provide statements or reports regarding the facilities or its operations as specified by law. Additionally, it has to respond to any requests for information from the president or his designee.
The permit states it does not intend to create any legal right or benefit enforceable against the US, its agencies or personnel.
In September 2025, Enbridge announced a final investment decision on two gas transmission projects in the US to capitalise on increasing natural gas demand.
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