Victor N. Baltera

Representative Client Work

• Represented REITs in connection with environmental and land use due diligence for various portfolio acquisitions of industrial, truck stop and gasoline station, office, hotel and senior living properties
• Represented seller of soft drink bottling business in negotiating environmental provisions of sales agreement and obtaining environmental insurance 
• Represented developer of two office towers and 425 room hotel along Boston waterfront with respect to environmental, zoning and other land use regulatory requirements and prepared zoning and environmental opinions for various project financings 
• Represented landowners in obtaining zoning approvals for retail, office, biomedical, restaurant, industrial, assisted living and school projects
• Represented metals manufacturer in connection with a fundamentally different factors variance request to the U.S. Environmental Protection Agency from industrial pretreatment standards under the Clean Waters Act
• Represented landowners in development and termination of activity and use limitations under Massachusetts environmental laws

Bar & Court Admissions

• Massachusetts, 1979
• U.S. District Court, District of Massachusetts
• U.S. Tax Court

Publications

• Book review of "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices," Massachusetts Law Review (August 2012)
• Co-authored chapter on "Environmental Considerations," Advising a Massachusetts Business (2011)

Client Advisories

• Federal Appeals Court Muddies the Waters: Finds that EPA has the Last Word on Disposal Site Selection Even After Army Corps’ Issuance of a Section 404 Permit
• Recent Developments Create Mounting Uncertainty Concerning EPA’s Regulation of Stormwater Under the Clean Water Act
• EPA’s Release of the First Phase of the Dioxin Reassessment and Reference Dose May Lead to More Stringent Exposure Standards and Legal Challenges
• U.S. Supreme Court Authorizes Pre-Enforcement Review of EPA Administrative Compliance Orders Under the Clean Water Act
• Construction Site Operators Must Consider New EPA Revisions to the Stormwater General Permit
• Texas Supreme Court Issues Landmark Decision Addressing Landowners’ Right to Underlying Groundwater Resources
• EPA Implements NPDES Permitting Program for Pesticide Uses Near U.S. Waters
• Massachusetts DEP Proposes Action Plan for Regulatory Reform
• Federal Trade Commission and Consumers Seek to Curb Potentially Misleading Green Marketing Claims
• EPA Study Signals Intent to Address Potential Hazards Posed by Pharmaceuticals and Personal Care Products to Domestic Water Supply
• Congressional Attempts to Curb U.S. EPA’s Authority to Address Climate Impacts Create Regulatory Uncertainty
• Massachusetts High Court Affirms the Public’s Rights in Coastal Waters and Streamlines Approval of Their Use for Energy Facilities
• Massachusetts Issues Proposed Eligibility Criteria for Biomass Facilities to Receive Economic Incentives Under Commonwealth’s Renewable Energy Program
• Massachusetts' High Court Allows Controversial Cape Wind Project to Proceed
• U.S. Environmental Protection Agency’s Proposals Affect Stormwater in Massachusetts’ Charles River Basin
• EPA Proposes Guidelines for Determining Confidentiality of Greenhouse Gas Emissions Data
• Massachusetts Finalizes Solar Credit Clearinghouse Program
• EPA Issues Four Proposed Rules to Modify Mandatory Greenhouse Gas Emissions Reporting Requirements
• EPA to Initiate Financial Responsibility Rulemaking Proceeding under CERCLA Section 108(b)
• EPA Issues Final Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment
• U.S. Senate and Environmental Protection Agency Taking Steps Toward Regulating Greenhouse Gas Emissions
• EPA Issues Final Mandatory Greenhouse Gas Reporting Rule
• Supreme Court Decision in Burlington Northern Case Highlights Burden of Proof in CERCLA Cases
• New Stormwater Regulations Proposed by Massachusetts Department of Environmental Protection Will Affect Many Private Properties

Speaking Engagements

• "So, You Need to Get a Phase II…" Real Estate Lenders Association (RELA) (May 10, 2012)
• "Sustainability: Green Leasing & Building," Massachusetts Continuing Legal Education (MCLE) (April 2010)
• "Land Development in Massachusetts," Lorman Education Services (February 2006)
• Lectured and organized programs on various aspects of water pollution control law, toxic substance law and the Massachusetts Oil and Hazardous Material Release, Prevention and Response Act

Awards & Honors

• AV Rated, Martindale-Hubbell Law Directory

Professional & Civic Activities

• American, Massachusetts and Boston Bar Associations
• Past Chair (1989-90), Water Quality Committee of Boston Bar Association
• Environmental Law Section Steering Committee (1989-90), Boston Bar Association
• Editor, Massachusetts Law Review (Editor in Chief, 2006-2009; Articles Editor, 2003-2006; Book Review Editor, 2000-2003; Associate Editor, 1996-2000, 2009-Present)
• Town of Hingham Zoning Board of Appeals (Associate Member, 1987-1994, 2000-2006; Member, 1994-2000; Chair, 1996-97)
• Chairman, Town of Hingham Zoning Permit Study Committee (2006-2008)
• Corporator, Boston Biomedical Research Institute

Education

• J.D., with honors, University of Chicago, 1979
• B.A., magna cum laude, Brown University, 1976