(a)An action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period provided by this division or before the close of the public hearing on the project before the issuance of the notice of determination.
(b)A person shall not maintain an action or proceeding unless that person objected to the approval of the project orally or in writing during the public comment period provided by this division or before the close of the public hearing on the project before the filing of notice of determination pursuant to Sections 21108 and 21152.
(c)This section does not preclude any organization formed after the approval of a project from maintaining an action pursuant to Section 21167 if a member of that organization has complied with subdivision (b).
(d)This section does not apply to the Attorney General.
(e)This section does not apply to any alleged grounds for noncompliance with this division for which there was no public hearing or other opportunity for members of the public to raise those objections orally or in writing before the approval of the project, or if the public agency failed to give the notice required by law.
Notes of Decisions
Waste Mgmt. v. Cnty. of Alameda, 94 Cal. Rptr. 2d 740 (Cal. Ct. App. 2000).
· cites it 2× “Public Resources Code section 21177, subdivision (b) "No person shall maintain an action or proceeding unless that person objected to the approval of the project orally or in writing during the public comment period provided by this division or prior to the close of the public…”
California Clean Energy Comm. v. City of San Jose, 220 Cal. App. 4th 1325 (Cal. Ct. App. 2013).
· cites it 2× “) In the context of CEQA actions, Public Resources Code section 21177 provides that “[a]n action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing…”
Lindelli v. Town of San Anselmo, 4 Cal. Rptr. 3d 453 (Cal. Ct. App. 2003).
“6 Public Resources Code section 21177, subdivision (a) provides: “No action or proceeding may be brought pursuant to [Public Resources Code section] 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by…”
Murrieta Valley Unified Sch. Dist. v. Cnty. of Riverside, 228 Cal. App. 3d 1212 (Cal. Ct. App. 1991).
· cites it 2× “Certification of EIR Public Resources Code section 21177 provides, in relevant part, that: “(a) No action may be brought pursuant to [Public Resource Code] Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or…”
Cadiz Land Co., Inc. v. Rail Cycle, LP, 99 Cal. Rptr. 2d 378 (Cal. Ct. App. 2000).
“Public Resources Code section 21177, subdivision (a) provides that “No action or proceeding may be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the…”
Corona-Norco Unified Sch. Dist. v. City of Corona, 17 Cal. App. 4th 985 (Cal. Ct. App. 1993).
“” 9 Public Resources Code section 21177, subdivision (b) states, “No person shall maintain an action unless that person objected to the approval of the project orally or in writing.”
Waste Mgmt. of Alameda Cnty., Inc. v. Cnty. of Alameda, 79 Cal. App. 4th 1223 (Cal. Ct. App. 2000).
· cites it 2× “Public Resources Code section 21177, subdivision (b) “No person shall maintain an action or proceeding unless that person objected to the approval of the project orally or in writing during the public comment period provided by this division or prior to the close of the public…”
Kane v. Redevelopment Agency, 179 Cal. App. 3d 899 (Cal. Ct. App. 1986).
“2 Public Resources Code section 21177 reads in part as follows: “(a) No action may be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person.”
Castaic Lake Water Agency v. City of Santa Clarita, 41 Cal. App. 4th 1257 (Cal. Ct. App. 1995).
“) 3 Public Resources Code section 21177, subdivision (a) provides: “No action or proceeding may be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the…”
Cal. Clean Energy Com. v. City of San Jose, No. H038740 (Cal. Ct. App. Oct. 29, 2013).
· cites it 2× “) In the context of CEQA actions, Public Resources Code section 21177 provides that “[a]n action or proceeding shall not be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing…”
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