Lummi Nation files federal lawsuit over disturbance of ancestral remains
Lummi Nation filed a federal lawsuit on Tuesday against Whatcom County, Whidbey Telecom, the U.S. Department of Agriculture and the U.S. Department of Commerce over allegations that a series of federally funded construction projects repeatedly cut through known burial grounds at Point Roberts.
The lawsuit specifically mentions at least three projects undertaken by Whidbey Telecom, which began construction in 2023 and 2024. Two of the projects received permits from Whatcom County, which did not consult Lummi Nation or provide notice despite county code. The federal government, which provided funding for the projects, also allegedly did not consult Lummi Nation, violating the law.
Whidbey Telecom dug trenches at known archaeological sites, according to the lawsuit, destroying and disturbing remains. Lummi Nation learned basic information about the destruction in mid-2023 and “repeatedly” warned Whidbey Telecom about the damage to burial grounds.
However, Whidbey Telecom continued with future construction projects near archaeological sites, according to the complaint. They also did not conduct required environmental reviews.
“These protections are not optional,” said Lena Tso, Tribal Historic Preservation Officer for Lummi Nation, in a statement. “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.”
The disturbance and loss of ancestral human remains caused “profound cultural and spiritual harms that no monetary compensation can fully redress,” according to the lawsuit. It also alleges that even after encountering remains, Whidbey Telecom did not notify Lummi Nation or take steps to preserve the remains and other cultural materials.
“This wasn’t an accident,” said Greg Werkheiser of Cultural Heritage Partners, PLLC, counsel for Lummi Nation. “It was a series of decisions.”
The lawsuit points out that this is not the first time Lummi Nation remains have been disturbed by construction projects. In 1999, construction of a wastewater treatment plant at the Semiahmoo Spit disturbed the remains of about 44 Lummi ancestors before work was stopped and the land was transferred to Lummi Nation.
Lummi Nation is requesting a requirement for all defendants to secure and stop further disturbance of the affected sites, allow Lummi Nation to conduct a comprehensive damage assessment and cooperate with the protection, recovery and reinternment of remains. They are also requesting monetary damages.
A spokesperson for Whatcom County said they do not comment on pending litigation, but said the county is reviewing the materials.
Whidbey Telecom did not immediately respond to a request for comment.
“Our ancestors are our family,” Lummi Nation Chairman Anthony Hillaire said in a statement. “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.”
This story was originally published April 28, 2026 at 11:23 AM with the headline "Lummi Nation files federal lawsuit over disturbance of ancestral remains."