The Lummi Nation is asking a federal court to halt ongoing construction activities at Point Roberts, Washington, arguing that federally funded projects have repeatedly disturbed ancestral burial grounds and human remains.
On Feb. 18, the Tribe presented oral arguments before the U.S. District Court for the Western District of Washington in support of a preliminary injunction aimed at preventing further damage to culturally significant sites while legal proceedings continue.
The request stems from a lawsuit the Lummi Nation filed in April against Whidbey Telecom, Whatcom County, the U.S. Department of Agriculture, and the U.S. Department of Commerce. The suit alleges that a series of federally funded construction projects cut through known burial grounds over several years, resulting in the disturbance, exposure, loss, and ongoing mishandling of ancestral human remains.
According to the Nation, the defendants failed to meet legal obligations requiring consultation with the Tribe before disturbing culturally significant sites and failed to ensure that disturbed ancestors could be respectfully reinterred.
The injunction seeks to stop additional disturbances, protect known archaeological sites, and grant the Lummi Nation access to areas impacted by Whidbey Telecom’s construction work. Tribal officials say that access is necessary to conduct a comprehensive damage assessment and recover and rebury ancestral remains.
During oral arguments before Judge Kymberly Evanson, attorneys for the Lummi Nation argued that continued trenching activities at Point Roberts pose an ongoing threat to burial grounds and that immediate court intervention is necessary to prevent further irreparable harm.
In a statement, Lummi Chairman Anthony Hillaire said the telecommunications company has failed to acknowledge the extent of the damage.
“Despite years of construction activity in and around known culturally significant sites, Whidbey Telecom continues to deny responsibility for the full scope of the harm and has failed to acknowledge the significance of the disturbances that occurred.”
Hillaire said the Tribe believes both Whatcom County and Whidbey Telecom failed to comply with legal requirements governing consultation, reporting discoveries, and protecting ancestral remains.
“Lummi Nation maintains that Whatcom County and Whidbey Telecom did not comply with their obligations to consult, file timely report discoveries and protect ancestral remains—as required by law. Rather than addressing the underlying harm to our relatives’ graves and remains, their filings focus on procedural defenses while our people continue to seek basic protections for our ancestors and sacred places.”
The chairman emphasized that the case centers on protecting sacred sites and ensuring respect for ancestral remains.
“This case is about ensuring that known burial grounds and cultural sites are treated with the respect required by law and by the fundamental principles of human dignity. Lummi Nation remains committed to securing accountability, protecting the sites at Point Roberts and ensuring that our disturbed ancestors can be returned to rest.”
The court has not yet ruled on the Nation’s request for a preliminary injunction. If granted, the order would temporarily halt further disturbances while the broader lawsuit proceeds.
