ExecutiveOrdersEO
OtherOtherTrump 45 · R

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Authorizing NuStar Logistics, L.P., To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Mexico

This presidential permit authorizes NuStar Logistics, L.P. to operate and maintain existing pipeline facilities at the U.S.-Mexico border in Hidalgo County, Texas, for transporting hydrocarbons and petroleum products. It supersedes and revokes two prior permits—one issued to NuStar in 2017 and another to Valero Logistics Operations L.P. in 2006—while imposing conditions regarding inspection access, national security takings authority, indemnification, and reporting requirements.

Federal Register Open PDF 85 FR 47001

Impact dates

  1. Supersede and revoke prior permit to NuStar dated May 30, 2017

  2. Supersede and revoke prior permit to Valero Logistics Operations L.P. dated February 7, 2006

Key directives

  • Grant permit to NuStar Logistics, L.P. to operate and maintain existing pipeline Border facilities at U.S.-Mexico border in Hidalgo County, Texas
  • Supersede and revoke prior permit to NuStar dated May 30, 2017
  • Supersede and revoke prior permit to Valero Logistics Operations L.P. dated February 7, 2006
  • Permittee must allow free and unrestricted access to federal, state, and local agency representatives
  • Permittee must hold harmless and indemnify United States for liability including environmental contamination
  • Permittee must maintain facilities in good repair and compliance with applicable law
  • Permittee must file required sworn statements and reports with President/designee and appropriate agencies
  • Permittee must immediately communicate in writing any transfer of ownership/control or name changes
  • United States may take possession of Border facilities for national security with due notice and just compensation
  • Upon termination/revocation, permittee must remove Border facilities within time specified by President or face government possession/removal at permittee's expense

Timeline

Immediate

  • Permit takes effect; NuStar authorized to operate and maintain existing Border facilities
  • Prior permits to NuStar (2017) and Valero (2006) superseded and revoked

Near term (90d)

—

Long term

  • Ongoing operation of 46.5-mile Burgos pipeline under specified conditions
  • Potential presidential amendment, termination, or revocation at sole discretion
  • Continued regulatory oversight by PHMSA and other agencies

Risks & tensions

  • Vague: 'substantial change' definition leaves some operational flexibility but creates uncertainty about what requires presidential approval
  • Environmental liability indemnification clause shifts significant risk to private operator
  • National security takings provision (Article 4) creates tension between property rights and executive authority, though with compensation requirement
  • Permit explicitly disclaims creating enforceable rights, limiting judicial recourse for permittee
Other: Authorizing NuStar Logistics, L.P., To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Mexico · Executive Orders