Carter Ledyard environmental counsel Clifford Case was quoted in The Atlantic ‘s online Politics page in an article entitled, “Will Other States Join California’s International Climate Pact?”. When asked to explain why the Western Climate Initiative, Inc. was set up as a private, nonprofit corporation as opposed to an interstate compact, Mr. Case explained, “You can’t set up a multimillion-dollar structure based on a memorandum of understanding.” The article goes on to state that Mr. Case and lawyers at Carter Ledyard helped set up the East Coast-based Regional Greenhouse Gas Initiative, also a private, nonprofit corporation made up of 10 member states and that the WCI, Inc. wanted to do it the same way.
Case went on to say it was natural to incorporate in Delaware because the state’s laws allow flexibility in how companies structure themselves. As he noted, “Delaware is going to give you as much as you’re going to get anywhere to set up your organization as you would like.”
Carter Ledyard represented both RGGI and WCI including the incorporation and organization of both entities.