Vermont's `Living Machine' Project Gets New Life Under Supreme Court Decision Striking Down LineItem Veto

June 25, 1998

In a 63 decision, the U.S. Supreme Court today struck down the lineitem veto law.

Sen. Patrick Leahy says the decision means the Administration now MUST restore the $600,000 appropriation that Leahy secured and the President lineitem vetoed (in an appropriations bill last year) for South Burlington's "Living Machine" solar aquatic wastewater treatment plant.

Background on the project: Including these funds, Leahy has secured more than $2 million for the solar aquatic wastewater treatment plant in South Burlington (better known as the Living Machine) since Fiscal Year 1994. This $600,000 appropriation, for the final year of the project, is needed to ensure a scientifically valid period of operation and analysis of the technology, and to complete an evaluation and report. The Living Machine has continued to operate since the veto last year but needs the funding to complete these steps. The Living Machine project uses plants and other natural processes to treat waste, in contrast to the heavy chemical use required in traditional wastewater treatment facilities.

Leahy added the South Burlington provision as a senior member of the Senate Appropriations Committee.

All of the many Leahy items in appropriations bills last year were untouched by the President except for this one. (See attached listing of other Vermont projects in the same bill that included the Living Machine appropriation.) Last year was the first year that the President had lineitem veto authority under the law.

Both Leahy and Sen. James Jeffords had argued and voted against the lineitem veto law.

Comment from Leahy today: "I'm pleased that these funds are available again for the South Burlington project. This has been an innovative and practical test of cleaner ways to treat wastewater. It would have been foolish to end the testing just when we're beginning to reap the results. What we are learning in Vermont about this treatment process will be useful to other communities."

Additional contact:  Michael Shaw, project director, 802-865-4460