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Counsel dispute legal force of uncodified provision in 2013 Public Water Act during Tennessee Supreme Court argument
Summary
During oral argument in James Wade Construction v. TDEC, counsel and justices debated whether an uncodified provision (referred to as section 19 of the 2013 Public Water Act) and codification choices by the Tennessee Code Commission can be used to interpret statutory deadlines and legislative intent.
A central collateral topic at oral argument in James Wade Construction Inc. v. Tennessee Department of Environment and Conservation concerned the legal weight of an uncodified provision in the 2013 Public Water Act and whether the Tennessee Code Commission's decision not to codify that language affects the statute's force. A justice asked counsel to explain reenactment and codification mechanics, referencing a provision the questioner cited as "1 2 1 14."
Kilgore acknowledged he was not prepared to address that particular…
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