Burger

This is another in the growing list of appeals concerning the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.).

The appeal in 1 Civil No. 33010 attacks the trial court order of December 7, 1972, which dissolved an order of October 19, 1972, which continued, in effect a temporary restraining order issued September 29, 1972, staying enforcement of a minor subdivision approval and a building permit, and finding that an environmental impact report was required. The dissolution order was stayed by the Court of Appeal, and the EIR was in fact prepared and filed.

The order vacating that restraint was based upon emergency legislation (Pub. Resources Code, §§ 21169, 21170) which validated certain governmental actions otherwise subject to the C.E.Q.A. Subdivision (b) of section 21170, however, provides that the validation provision does not apply to any project “which had been determined in any judicial proceeding, ... to be illegal, . . . because of noncompliance with this division.” Here, the trial court, after hearing, had continued in effect its order restraining any act toward development of the property. This was well in advance of the effective…