21177. (a) 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 public comment period provided by this division or prior to the close of the public hearing on the project before the issuance of the notice of determination.This section is referring to the final public hearing, not the NOP comment period. Any discussions of strategy with regard to whether to submit comments or not is something we won't try to address here (big brother is watching!) -- Raymond Lutz - 25 Apr 2007