A legal fight unfolding in Washington state is drawing attention to what the Lummi Nation says is the ongoing desecration of a sacred burial site on territory the tribe has inhabited for millennia.

The tribe is now asking a federal court to step in before more ancestral remains are harmed.

What's happening?

The Lummi Nation filed a lawsuit last month in federal court seeking to halt ground-disturbing work connected to broadband construction in Point Roberts, Washington, Native News Online reported.

According to the complaint, Whidbey Communications dug trenches extending thousands of feet beneath an identified burial area while carrying out three federally funded projects worth about $13.7 million.

The lawsuit alleges that crews disturbed remains at four out of five exploratory sites. According to Native News Online, the crews also overlooked signs of human remains, failed to notify authorities after discoveries, and left remains uncovered for two years without reinterment.

The tribe also says the company defied a stop-work order from the State Historic Preservation Officer.

The complaint further alleges that Whatcom County issued permits for two of the projects without consulting the Lummi Nation and did not complete required archaeological reviews, tribal notification, and site assessments.

In court filings submitted May 7, the tribe added sworn statements and original documents, though some documents were filed under seal.

Why does it matter?

The case raises serious questions about how businesses and local governments handle sacred sites, especially when public money is involved, and legal protections already exist.

The Lummi Nation says the work violated Washington's Indian Graves and Records Act.

The case is also a matter of public accountability. When contractors and permitting agencies allegedly sidestep consultation, ignore warning signs, and continue work after remains are found, it can undermine trust in infrastructure projects that are supposed to serve communities responsibly.

In a press release from Lummi Nation, the confirmed volume of disturbed remains suggests the remains of potentially hundreds of ancestors were harmed.

Chairman Anthony Hillaire said the threat is immediate, not theoretical.

"The new evidence we provide the court makes clear that the harm is not hypothetical or historical — it is ongoing. Each day that passes without intervention risks the permanent loss of Lummi ancestors and the Tribe's ability to fulfill our sacred obligations," Hillaire said.

What's being done?

The tribe is asking the court for emergency protections at the Point Roberts sites.

Those requests include stopping any future ground disturbance and adding fencing, erosion controls, camera monitoring, and tribal access for a complete damage assessment.

The lawsuit also seeks a path toward reinterment of disturbed remains and asks for maps, project records, construction logs, and related communications to be disclosed.

Those materials could help show what happened, when officials and contractors became aware of it, and whether required procedures were ignored.

As Tribal Historic Preservation Officer Lena Tso wrote, "Tribal people have long memory and deep connection to our ancestors, because we still sing their songs, dance their dances, and carry their names and responsibilities with us. Contrary to what you may read in a book, Tribal culture is still very much alive. We are still connected."

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