How the Law Enshrines Car Dependence

Land use regulations provide exhibit A in this indictment of the American legal system's support for a murderous and destructive dependence on automobiles for transportation.

1 minute read

July 10, 2019, 5:00 AM PDT

By James Brasuell @CasualBrasuell


Cars and Herbie

JD Hancock / Flickr

Gregory H. Shill, an associate professor of law at the University of Iowa College of Law, writes for The Atlantic about how the laws and regulations of the United States force Americans to drive.

According to Shill, "over the course of several generations lawmakers rewrote the rules of American life to conform to the interests of Big Oil, the auto barons, and the car-loving 1 percenters of the Roaring Twenties."

"Land-use law, criminal law, torts, insurance, vehicle safety regulations, even the tax code—all these sources of law provide rewards to cooperate with what has become the dominant transport mode, and punishment for those who defy it," writes Shill.

Shill starts the detailing of these claims by focusing on local land use regulations. Other laws relevant to planning, like the 85 percent law used to set speed limits, are also detailed.

The consequences of what Shill calls "auto supremacy" are tragic: "In a country where the laws compel the use of cars, Americans are condemned to lose friends and relatives to traffic violence." Added to the 40,000 people killed and 4 million injured, are the effects of climate change and air pollution.

Shill's writing for The Atlantic previews a larger journal article published in June, titled "Should Law Subsidize Driving?"

Tuesday, July 9, 2019 in The Atlantic

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.