A federal judge has partially granted Lummi Nation’s request for a preliminary injunction in its legal challenge against Whidbey Telecom over allegations that construction work at Point Roberts disturbed ancestral remains.

In an order issued Wednesday, U.S. District Judge Kymberly Evanson determined that Lummi Nation is “likely to succeed” in its claim that Whidbey Telecom disturbed burial sites and failed to rebury remains under Lummi Nation’s supervision as required by law.

The lawsuit, filed April 28, names Whidbey Telecom, Whatcom County, the U.S. Department of Agriculture and the U.S. Department of Commerce as defendants. Lummi Nation alleges that multiple federally funded construction projects at Point Roberts repeatedly impacted known burial grounds.

On May 7, Lummi Nation requested an emergency injunction seeking to immediately stop construction activity and allow the tribe full access to the sites to document damage, recover remains, and rebury ancestors.

While Judge Evanson found that Lummi Nation’s claims were likely to succeed, she ruled that portions of the requested relief were premature. The judge noted that Lummi Nation has not yet submitted the required permit application to Whatcom County to conduct an assessment of the sites. Because neither the county nor Whidbey Telecom has objected to such an assessment, Evanson wrote that some of the tribe’s requests were not yet necessary.

The judge also determined that an order stopping construction work was premature because no ground-disturbing work is currently underway. Whidbey Telecom has stated that additional work is unlikely to occur before the case reaches trial.

According to a joint status report filed Tuesday, all parties estimate the case will be ready for trial by Oct. 5, 2027, with proceedings expected to last between two and four weeks.

However, Evanson wrote that if construction begins before trial without Lummi Nation’s knowledge, the tribe “faces irreparable harm.” The new order requires Whidbey Telecom to provide Lummi Nation with 30 days’ notice before any ground-disturbing activity takes place at Point Roberts, including trenching, boring, potholing, or grading.

The tribe may renew its request for additional court action if defendants prevent access to the sites, if Whatcom County denies the required permit application, if construction becomes imminent, or if Lummi Nation identifies specific steps needed to protect disturbed burial sites following an assessment.

“Lummi has said from the beginning: these harms caused to the heart of our homeland are irreparable and immeasurable,” Lummi Nation Chairman Anthony Hillaire said in a statement issued late Wednesday. “Chulhtenum is intertwined in our living history as saltwater reef net people, throughout the northern straits. Although nothing will mend what has already occurred, this is a positive step toward preventing further and future harm to our grandparents that are at rest and under our care.”

Katherine Sorrell of Cultural Heritage Partners, who represents Lummi Nation, called the ruling “an important milestone,” pointing to the judge’s conclusion that the tribe is likely to succeed on the merits of the case.