On Monday, the Lummi Nation filed a federal lawsuit against Whatcom County, Whidbey Telecom, the U.S. Department of Agriculture and the U.S. Department of Commerce over a series of “preventable and unlawful failures” that allegedly resulted in the disturbance of burial sites in Point Roberts during the construction of at least three federally-funded broadband projects.
The 52-page lawsuit was filed in the U.S. District Court for the Western District of Washington. It alleges that Whidbey Telecom (a telecommunications company serving Whidbey Island, Point Roberts and Hat Island) dug 1,000- to 2,000-foot-long trenches that caused permanent damage and loss of ancestral remains and artifacts in an area that the Lummi Nation used for over 5,000 years.
The lawsuit states that Whidbey Telecom was or should have been aware of the presence of the cultural resources and burial grounds in Point Roberts, and that the defendants failed to conduct required environmental reviews.
Although the Lummi Nation repeatedly warned the company upon discovering the issue in 2023, Whidbey Telecom allegedly continued to dig in close proximity to and within cultural sites, even after discovering “extensive” human remains.
Despite state law requiring disturbed human remains to be protected from further disturbance, many were left exposed to the elements. At least one cranial fragment was lost forever, and other remains are believed to be lost as well, according to the lawsuit.
Donna Hilty, CEO of Whidbey Telecom, said the company is aware of the lawsuit.
“We have not yet had the opportunity to review the complaint in detail or to evaluate possible implications for certain projects going forward.
We look forward to providing further updates and to address the allegations in the near future,” she wrote in a statement, stating she is currently not in a position to comment further.
Whatcom County allegedly permitted two of the projects and violated county code by not consulting the Lummi Nation. The USDA and the Department of Commerce are also being accused of funding the projects without consulting the Nation. All the defendants are accused of failing to notify the Lummi Nation of the disturbances and denying access to the sites to allow for the recovery and reburial of the remains, among other accusations.
Riley Sweeney, a spokesperson for Whatcom County, declined to comment amid pending litigation.
Lummi Nation is requesting the cessation of further disturbance to the sites, an assessment of the damages, access to the sites for the reinternment of the remains, and compensation for the losses sustained.
“The disturbance, exposure, weathering, scattering, mishandling, destruction and loss of ancestral remains constitute profound cultural and spiritual harms that no monetary compensation can fully redress,” the Lummi Nation wrote in the lawsuit.
