New Lummi Nation Court Filing Deepens Story of Desecration of Burials at Point Roberts
SEATTLE, WA — May 7, 2026 — Ten days after filing a complaint in federal court, Lummi Nation today filed dozens of pages of additional legal arguments, original documents, and sworn statements by witnesses that paint a more detailed picture of repeated failings by Whidbey Telecom, Whatcom County, and federal agencies resulting in disinterment and destruction of remains of Lummi ancestors and grave goods.
The new information is detailed in the Nation’s motion for an emergency injunction in the United States District Court for the Western District of Washington. The Lummi are requesting a court order halting construction and requiring the developer and county to provide the Nation full site access to fully document damage and recover and rebury ancestors.
Judge Kymberly K. Evanson has been assigned to hear the case, and her first order of business is expected to be scheduling briefing and a hearing to help determine whether to intervene on an urgent basis.
Lummi filed several documents under seal to shield sensitive site locations that could increase the danger of looting. However, several revelations are now public, including:
- One of the three projects involved 2.8 miles of construction—including trenching, boring, and other ground disturbing activity—in a known cultural landscape.
- Defendants only assessed damage on approximately 1/10th of 1% of the total construction.
- Extrapolating from the confirmed volume of human remains disturbed so far, it is possible that hundreds of ancestors’ remains may have been harmed.
- Ancestral remains show evidence of fresh breakage due to heavy equipment.
- Because Defendants have left the remains outside and subject to the weather, the remains and grave goods have further deteriorated or been lost altogether.
- The County admitted in writing that it repeatedly failed to properly use the software that warns it against issuing permits for digging near known archaeological sites.
- The County also admitted that it improperly issued the permits before requirements were satisfied.
“The new evidence we provide the court today 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.” – Lummi Nation Chairman Anthony Hillaire
In addition:
- A sworn declaration by Tribal Historic Preservation Officer Lena Tso attests to her direct lineal relationship to people buried at Point Roberts and the deep emotional and spiritual harms to Lummi citizens from both the desecration of graves and the continuing refusal to timely reinter ancestors.
- A sworn declaration by Robert Whitlam, who for 44 years has served as state archaeologist for the state of Washington, details his repeated and frustrating attempts to bring Defendants’ projects into compliance with the law.
“As terrible as are the known facts, we know even worse revelations are yet to come, and only when compelled by a court. The Nation must place its faith in the judiciary because it has been unable to trust the Defendants.” – Greg Werkheiser, Founding Partner, Attorney at Law, Cultural Heritage Partners, legal counsel to the Lummi Nation.
About the Lummi Nation
The Lummi Nation is a federally treaty recognized Tribal Nation based in Washington State, with approximately 6,000 enrolled citizens, who continue to occupy their traditional homelands across Whatcom and San Juan counties. The Lummi are reefnet and saltwater fishing people that have stewarded the lands and waters of the region, including sacred sites and burial grounds at Point Roberts, since time immemorial.
Media Contact
Greg Werkheiser
Cultural Heritage Partners, PLLC
greg@culturalheritagepartners.com
(703) 408-2002