Surface Transportation and Administrative Law: Growing up Together in the 20th Century

Abstract

The concurrent development of administrative law and America's modern transportation system is no accident. Both reflect the technological and societal changes that have defined what the United States is today. The importance of transportation is reflected by the fact that so many of the important events, statutes, and court decisions in the history of 20th century administrative law have involved transportation. The first really powerful administrative agency, the Interstate Commerce Commission, was created to regulate railroads and, later, interstate trucking. The Federal-Aid Highway Program, which can trace its roots to 1893, has been the largest federal grant program for much of this century. The statutory framework for this program, established by the Federal Road Act of 1916 and the Federal-Aid Highway Act of 1921, became the model for all federal grant programs. The Interstate system and other highway programs helped shape the great economic expansion that followed World War II. The effects of these vast new road systems were among the most important factors leading to the growth of modern environmental law in the 1960s and 1970s. In the years ahead, with the accelerating integration of new technology into the transportation system, further concurrent change in transportation and administrative law is inevitable.