Public-domain · open source
OpenJurist

Cal. Pub. Res. Code § 21177

Limitations

Known as the California Environmental Quality Act

The act spans §§ 21000–21189 (300 sections).

Applied in 27 court decisions — leading case 34 Cal. 4th 553 - Graham v. DaimlerChrysler Corp. (2005)

Most recently applied in 230 Cal. Rptr. 3d 294 - Don't Cell Our Parks v. City of San Diego (March 2018)

Amended by Stats. 2019, Ch. 466, Sec. 10

How often courts cite this section

1986199020002010201830
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.