The Office of the Attorney General, on behalf of the Texas Commission on Environmental Quality, and Travis County have filed suit in district court against Rodman Excavation, Inc. and Coldwater Development, Ltd. in connection with environmental damage to Hamilton Pool. The TCEQ has been conducting an investigation into the circumstances that led to significant amounts of suspended solids and sediment in Hamilton Creek and its tributaries resulting in high turbidity and low visibility in the pool water.

The lawsuit alleges that construction upstream from Hamilton Pool directly contributed to the environmental damage observed in the creek and at the pool in violation of state law. The TCEQ and Travis County seek a court order prohibiting the developer and contractor from engaging in development construction activities and ordering the defendants to retain an environmental engineering firm to determine the reasons for the pollution and the failure of pollution controls; and proposed operational and physical modifications necessary to prevent the discharge of pollutants.

The TCEQ and Travis County also seek an order requiring Rodman Excavation and Coldwater Development to remediate the environmental damage to Hamilton Creek and Hamilton Pool, including the payment of all remediation costs. The TCEQ and Travis County are also seeking civil penalties in this case.

"Our intent in joining forces with Travis County is to make sure all evidence of any environmental violations is brought forth and fully prosecuted under state law," said Glenn Shankle, TCEQ executive director.

Travis County Judge Sam Biscoe called Hamilton Pool an important county landmark that must be restored for future generations, "We must ensure that the pool is clear once again and also that we put measures in place to protect it from future pollution threats. We cannot let development ruin this environmental jewel."