Judge orders notice before further Point Roberts excavation tied to Lummi burial sites

A federal court in Washington state gave the Lummi Nation preliminary relief in a lawsuit over ancestral burial sites disturbed during broadband construction in Point Roberts. The ruling requires Whidbey Telecom to give 30 days’ notice before any future ground-disturbing work while the case moves toward trial.

Why it matters: - The order gives the Lummi Nation a legal buffer before any more excavation in Point Roberts, where the Nation says ancestral burial sites were disturbed during federally funded broadband work. - The ruling could shape how future construction projects handle Native burial sites, tribal supervision, and advance notice requirements in Washington. - The court found the Nation is likely to prove violations tied to ancestral remains, making the dispute more than a routine permitting fight.

What happened: - U.S. District Judge Kymberly K. Evanson issued a preliminary injunction in the Lummi Nation’s lawsuit against Whidbey Telecom. - The injunction requires Whidbey Telecom to give the Lummi Nation at least 30 days’ advance notice before any future ground-disturbing activity in Point Roberts, Washington. - The court concluded the Lummi Nation is likely to succeed on claims that Whidbey Telecom disturbed Lummi burial sites and failed to reinter ancestral remains under Tribal supervision as required by Washington law. - The case challenges three federally funded broadband projects that crossed or are planned to cross known archaeological sites in Point Roberts. - The lawsuit is Case Number 2:26-cv-01435-KKE. - The case will continue toward trial while the injunction remains in place.

The details: - The court found the Lummi Nation faces irreparable harm if Whidbey Telecom resumes construction without notice. - The court said the balance of equities and the public interest favor protecting Lummi ancestral burial grounds. - The court recognized the cultural significance of Point Roberts and noted the area contains thousands of archaeological features and numerous known ancestral burial sites. - Additional requests for broader relief can be renewed after the Nation completes a comprehensive damage assessment or if Whidbey Telecom plans to resume construction. - The court said requests covering site security and access were premature because more damage assessments still need to be completed. - The judge invited the Lummi Nation to renew those requests later if needed.

Between the lines: - The ruling does not resolve the full case, but it signals that the court sees the Lummi Nation’s legal and cultural claims as credible at this stage. - By focusing on notice and preserving the status quo, the court limited immediate construction risk while leaving room for deeper factual findings later. - The decision also underscores how archaeological and burial-site protections can intersect with federally funded infrastructure work.

What's next: - The lawsuit will move forward toward trial. - The Lummi Nation may renew broader requests for relief after completing its damage assessment. - Whidbey Telecom must give 30 days’ notice before any further ground-disturbing work in Point Roberts during the injunction period. - The court may revisit additional protections if construction is set to resume.