Miller v. Southeastern Pennsylvania Transportation Authority

OPINION

Chief Justice CASTILLE.

This case concerns the continued viability of the historic police power of this Commonwealth in validating and regulating riparian rights and remedies where it is alleged that a downstream landowner which is subject to federal rail-safety regulations obstructed a natural watercourse causing upstream flooding and significant *1227damage as a result. As this is an area of law that has been regulated by the Commonwealth for centuries, and since we are not persuaded that there is a clear and manifest federal congressional intention to preempt Pennsylvania law on the issue…