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

portrait of professional woman

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 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 Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20 - Streetsblog USA

Close-up on BLM sign on Continental Divide Trail in Rawlins, Wyoming.

BLM To Rescind Public Lands Rule

The change will downgrade conservation, once again putting federal land at risk for mining and other extractive uses.

April 20 - Public Domain

Calvary Street bridge over freeway in Indianapolis, Indiana.

Indy Neighborhood Group Builds Temporary Multi-Use Path

Community members, aided in part by funding from the city, repurposed a vehicle lane to create a protected bike and pedestrian path for the summer season.

April 20 - Smart Cities Dive