MATTER OF ARBITRATION AMONG MADISON LANDFILLS, INC. v. Libby Landfill

This is a review of a decision of the court of appeals 1 reversing a judgment of the circuit court for Dane County, Honorable Gerald C. Nichol, Judge, which vacated and remanded an arbitration award of the Waste Facility Siting Board. This case presents two issues concerning the powers of the Waste Facility Siting Board (Board) during an arbitration proceeding under sec. 144.445, Stats. (1991-92): 1) must the Board delete a provision in the accepted final offer that would overturn preexisting local approval requirements that are not arbitrary or discriminatory, and 2) can the Board arbitrate…