Active Case

Lummi Nation v. Whidbey Telecom et. al

Lummi Nation Files Federal Lawsuit Over Repeated Trenching Through Ancestral Burial Grounds

Lummi Nation has filed a federal lawsuit against Whidbey Telecom, Whatcom County, the U.S. Department of Agriculture and the Department of Commerce alleging that a series of federally funded construction projects repeatedly cut through known burial grounds—resulting in the disturbance, exposure, loss, and ongoing mishandling of ancestral human remains at Point Roberts over multiple years.

The complaint describes not an isolated mistake, but a pattern: construction moving forward despite clear warning signs, operating in secret, ignoring legal obligations, and repeatedly bypassing safeguards for human remains.

Since time immemorial Point Roberts served as a fully integrated cultural landscape for the Lummi Nation and its ancestors—supporting the largest traditional fishing stations in the region, villages, hunting, gathering, trade, ceremony, and burial. The remains of countless ancestors were carefully laid to rest in its soil.

Lummi Nation seeks a court order requiring Defendants to immediately provide the Nation with full access to be able to document damage and recover and properly rebury its ancestors.

About the Lummi Nation

Lummi Nation is a federally treaty recognized Tribal Nation based in Washington State, with approximately 6,000 enrolled citizens, who continue to occupy their traditional homelands across Whatcom and San Juan counties. The Lummi are reefnet and saltwater fishing people that have stewarded the lands and waters of the region, including sacred sites and burial grounds at Point Roberts, since time immemorial.

What Leaders Are Saying

These protections are not optional. They are the minimum required to ensure that development does not come at the cost of erasing a people's history. Here, those safeguards were treated as obstacles instead of obligations.

Our ancestors are our family. What happened here is not just a legal failure, it is a human one. The law requires respect before, during, and after any disturbance. That respect was missing at every stage.

In the News

Native News Online

"Lummi Nation Lawsuit Alleges Telecom Company, Whatcom County Ignored Sacred Burial Site During Broadband Projects"

May 18, 2026

Cascadia Daily

"Lummi Nation asks court to halt construction, protect ancestral burial sites on Point Roberts"

May 7, 2026

Whidbey News-Times

"Lawsuit accuses Whidbey Telecom of disturbing Native remains"

May 1, 2026

The Northern Light

"Lummi Nation: Broadband projects disturbed ancestral remains, violated law"

April 29, 2026

Cascadia Daily

"Lummi Nation lawsuit alleges broadband projects disturbed ancestral burial grounds"

April 28, 2026

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