Timothy McHugh

Tim draws on more than 15 years of legal and military experience to advise a diverse client base on complex administrative law issues before agencies, commissions, and courts throughout the U.S. He is particularly experienced in leading teams on critical infrastructure projects, defense, and other procurement matters, as well as federal and state veterans’ educational benefits compliance issues. His work spans a variety of sectors and client types, including utilities, government contractors, and educational institutions, among others.

Tim argued before an en banc court of appeals, obtained a writ of certiorari from the U.S. Supreme Court, and worked on other precedent-setting administrative law cases. The Chicago Sun-Times described one such case involving a far-reaching statutory interpretation by the U.S. Department of Veterans Affairs as “[c]ollectively worth potentially billions of dollars.”

Educational institutions regularly seek Tim’s advice on issues involving the U.S. Department of Veterans Affairs’ and State Approving Agencies’ regulation of their GI Bill, VET TEC, and similarly eligible programs, including in the compliance, advertising, overpayment, litigation, and transactional contexts.

Tim is also a decorated war veteran. Before joining the firm, he served as a paratrooper and noncommissioned officer in the U.S. Army’s 82nd Airborne Division, where he led an airborne infantry squad in combat. Tim’s awards include the Purple Heart and Army Commendation Medal for Valor. He was deployed twice to Iraq and once to Afghanistan.

Tim actively supports veterans through his pro bono practice, which is focused on systemic educational benefits issues.

Critical Infrastructure

• Representing an electricity utility in numerous certification proceedings before a state public utility commission.
• Representing a solar developer in the application for a certificate of public convenience and necessity before a state public utility commission.
• Argued a renewable natural gas company’s permit application before the Virginia Marine Resources Commission, resulting in a unanimous decision to issue the permit.
• On brief in West Virginia v. EPA, the landmark U.S. Supreme Court decision entrenching the major questions doctrine into administrative law, arguing that the EPA cannot require electrical generation shifting under Section 111(d) of the Clean Air Act. The Court ruled 6-3 in favor of our client.
• On application in Louisiana v. American Rivers, argued that sovereign immunity precludes the vacatur of agency action under the APA without a judicial finding of illegality. The U.S. Supreme Court granted the application, staying vacatur of the 2020 Clean Water Act Section 401 Certification Rule.

Government Contracting

• Represented a government contractor in a formal bid protest under Virginia Public Procurement Act, raising multiple procedural arguments in a case of first impression. In response, the procuring agency rescinded its award to other vendors, reopened bid process, and awarded the contract to our client.
• Representing a defense contractor on Berry Amendment, Buy American Act, and Trade Agreements Act compliance.

Veterans’ Educational Benefits

• Secured a writ of certiorari from U.S. Supreme Court in Rudisill v. McDonough, 55 F.4th 879 (Fed. Cir. 2022) (en banc), cert granted (U.S. June 26, 2023) (No. 22-888).
• Served as lead attorney on multiple pending lawsuits against the U.S. Department of Veterans Affairs, including for an injunction against the continued application of VA regulation.
• Advising an educational institution on a targeted risk-based review by the U.S. Department of Veterans Affairs, including 85/15 Rule compliance, distance learning requirements, and advertising issues.
• Advising an educational institution on a risk-based survey and program suspension by State Approving Agency.
• Advised an educational institution on veterans’ educational benefit overpayment process and risk exposure for further compliance-related monetary demands from the U.S. Department of Veterans Affairs.
• Led the due diligence of veterans’ educational benefits compliance for the multimillion-dollar acquisition of an educational institution.

Other Complex Regulatory Litigation

• Obtained a stay pending appeal and merits victory from the Court of Appeals of Virginia, in a case of first impression involving the application of state discovery laws to a foreign subpoena under the Uniform Interstate Depositions and Discovery Act (UIDDA). Patel v. Rabinowitz ex rel. Lakhani Assocs., LLC, 75 Va. App. 663 (2022).
• Authored an amicus brief against Virginia’s petition for review of an injunction on the enforcement of unconstitutionally vague and broad gambling laws before the Supreme Court of Virginia. The court denied the petition.

• Best Lawyers in America®: Appellate Practice (2026)
• Best Lawyers: Ones to Watch: Energy Law (2023-2025), Environmental Law (2022-2024), Litigation – Environmental (2022-2024)