Connecticut’s Attorney General says there are “not insubstantial” legal risks to allowing the state’s two gaming tribes to build a third casino off their tribal lands.

Last week, Connecticut Gov. Dannel Malloy asked his AG George Jepsen (pictured) to provide an analysis of whether the third casino joint venture proposed for the East Windsor region would survive a legal challenge by rival casino operator MGM Resorts as well as a possible review by the federal Bureau of Indian Affairs (BIA).

MGM has challenged the legality of the state legislature awarding the MMCT joint venture of the Mashantucket Pequot and Mohegan tribes an additional casino license without inviting other operators to bid on the project. The tribes say the East Windsor casino is necessary to fend off competition from MGM Springfield, which is set to open next year just across the Massachusetts border.

The Connecticut legislature is currently mulling a bill that would formally authorize the MMCT project but Jepsen’s reply to Malloy’s request says that “it is foreseeable that any legislation resulting in approval of the joint tribal entity’s operation of casino will be challenged” for violating the US Constitution’s commerce and equal protection clauses.