Lummi Nation files federal lawsuit over disturbance of ancestral remains at Point Roberts

WHATCOM COUNTY, Wash. — Lummi Nation filed a federal lawsuit alleging that broadband construction projects at Point Roberts disturbed, exposed, and displaced ancestral human remains and cultural materials across multiple locations. The complaint, filed April 27, 2026, in US District Court in Seattle, names Whidbey Telecom, Whatcom County, the U.S. Department of Agriculture and the U.S. Department of Commerce as defendants.

This action arises from a cascading series of preventable and unlawful failures that resulted in the disturbance, exposure, degradation, loss, and continued mishandling of Lummi Nation (“Lummi” or the “Nation”) ancestral human remains and associated cultural materials at Point Roberts, Washington.
– Lummi Nation complaint, filed April 27 in US District Court in Seattle

According to the filing, the defendants authorized or conducted construction for 3 broadband projects — Community Connect, ReConnect and Middle Mile — in areas identified as archaeological sites 45WH560 and 45WH525. Both sites are described as containing Lummi burial grounds.

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The Nation alleges the defendants failed to consult with Lummi Nation or the State Historic Preservation Officer before issuing permits, funding the projects or beginning construction. The complaint states that required environmental review under the National Environmental Policy Act and historic‑property review under Section 106 of the National Historic Preservation Act were not completed

The filing states that Whidbey Telecom crews trenched through burial areas, encountered shell midden deposits and human remains, and continued work after those discoveries. The complaint alleges that remains and cultural materials were left exposed to weather for extended periods and that at least one cranial fragment from the Middle Mile project is permanently lost.

According to the complaint, Whatcom County issued encroachment permits for Community Connect and ReConnect without required consultation and later reported that its permitting software failed to flag cultural‑resource locations. The Nation states that ReConnect continues to operate without a corrected permit.

The filing also alleges that federal agencies released funds or approved construction before completing required reviews and have not reassessed the projects despite the County’s admission of permitting errors.

Lummi Nation seeks declaratory and injunctive relief, a mandatory preliminary injunction, compensatory and punitive damages against Whidbey Telecom and Whatcom County, and attorney fees and costs. The complaint states that disturbed remains have not been reinterred and that the defendants’ actions continue to cause harm.