Timothy McHugh

Timothy L. McHugh represents clients in litigation concerning significant rulemakings, controversial projects, enforcement actions and citizen suits. He also applies his litigation experience when proactively advising clients on environmental compliance issues.

Tim represents companies and trade associations in matters arising under nearly every major federal environmental statute. He has represented electric utilities, manufacturers, retailers, automotive companies, and clients operating in many other industrial sectors.

His work often occurs at the intersection of different statutory and regulatory programs, and often involves the parsing out of nuanced legal questions.

Using his significant experience with the Clean Water Act (CWA), he represents clients in litigation regarding the EPA’s promulgation and reconsideration of historic new regulations, on emerging issues related to groundwater, and in citizen suits seeking to enforce permit requirements in novel ways.

Tim also has substantial experience with the Clean Air Act (CAA). He represents companies in permitting challenges and advises them on compliance with the EPA’s Risk Management Program. Tim also advises clients, including potentially responsible party groups, on important issues under waste cleanup laws.

Prior to joining the firm, Tim served as a paratrooper and non-commissioned officer in the US Army’s 82nd Airborne Division, where he led an airborne infantry squad in combat. His decorations include the Purple Heart, Army Commendation Medal for Valor, and Combat Infantryman Badge.

Tim draws from his substantial administrative law experience to represent veterans pro bono on systemic veterans law issues. This includes challenging the Department of Veterans Affairs’ interpretation of the Post-9/11 GI Bill program’s requirements, which has the potential to restore billions of dollars in denied education benefits to eligible veterans.

He also co-chairs Hunton’s Veterans Pro Bono Program and serves on the Advisory Council of the National Veterans Legal Services Program.

Tim is admitted to practice in the US Courts of Appeals for the Fifth Circuit, and for Veterans Claims, the Eastern District of Virginia, the Court of Federal Claims, and all Virginia courts.

Experience:

• Represents clients challenging EPA’s promulgation of nationally applicable effluent limitations guidelines under the CWA
• Advises client on its application for a variance from effluent limitation guidelines under the CWA
• Defended client from citizen suit alleging permit violations based on citizen group’s novel and overly broad construction of permit provisions
• Advises multiple clients on emerging issues regarding discharges of pollutants to surface waters via groundwater under the CWA
• Drafted comments on EPA’s proposed methodology for states to employ when developing water quality standards for conductivity
• Defended appeal of air permit for natural gas pipeline project, resulting in voluntarily dismissal of the suit with prejudice.
• Defended motion by local government to stay a permit issued by the Virginia Marine Resources Commission for the use of state-owned subaqueous bottoms
• Represented client in pre-litigation arbitration regarding termination of a landfill host community agreement
• Advised a utility developing an almost $4 billion liquid natural gas export terminal on wetland permitting, state and local litigation, and federal preemption under the Natural Gas Act and Coastal Zone Management Act
• Advises a group of potentially responsible parties on the relief available to them under the Comprehensive Environmental Response, Compensation, and Liability Act for their environmental contractor’s professional negligence
• In a case of mistaken identity, advises company on dealing with regulator and PRPs, after the regulator erroneously labeled the client a PRP for a contaminated landfill
• Coordinates and advises global food company on environmental and environmental safety self-audits of facilities, ensuring attorney-client privilege over the process

EDUCATION:

• JD, Washington University School of Law, cum laude, Associate Editor, Washington University Journal of Law & Policy, 2014
• BS, Political Science and Criminal Justice, Appalachian State University, 2011

BAR ADMISSIONS:

• Virginia

Memberships:

• American Bar Association
• Virginia Bar Association
• Representative, Washington University in St. Louis Board of Trustees, 2013-2014