Lawsuit over Point Roberts broadband projects heads toward October 2027 trial

A lawsuit filed by the Lummi Nation over broadband construction in Point Roberts is now on track for trial in October 2027 after all parties agreed Tuesday to a proposed case schedule.

The joint case management report, filed in U.S. District Court, lays out the roadmap for the next 15 months of litigation. If the court approves the schedule, the parties will exchange evidence through early 2027, take expert depositions in the spring, and begin a jury trial on Oct. 5, 2027.

Tuesday’s filing does not resolve any of the issues in the case. Instead, it establishes a timeline for how the lawsuit will move forward while several key motions remain pending, including the Lummi Nation’s request for a preliminary injunction and motions to dismiss filed by Whidbey Telecom and the federal defendants.

The lawsuit, filed in April, names Whidbey Telecom, Whatcom County, the U.S. Department of Agriculture and the U.S. Department of Commerce as defendants.

The Lummi Nation alleges that three federally funded broadband projects — Community Connect, ReConnect and Middle Mile — disturbed burial grounds and archaeological sites in Point Roberts. The complaint contends the projects proceeded without legally required tribal consultation or environmental review and caused damage to ancestral human remains and cultural resources. 

The tribe seeks declaratory and injunctive relief, damages and orders requiring further review and remediation.

Point Roberts has been part of Lummi cultural life for thousands of years and contains burial grounds and archaeological sites protected under federal and state law. The Nation alleges the defendants violated the National Historic Preservation Act, National Environmental Policy Act, Administrative Procedure Act and Washington law by failing to consult with the tribe before construction began and by continuing work after archaeological materials and human remains were discovered.

Whidbey Telecom and the other defendants have denied the allegations and are seeking dismissal of portions of the lawsuit.