Attorneys for the groups are scheduled Wednesday to make oral arguments before a panel with the U.S. Nuclear Regulatory Commission during a hearing in Albuquerque.

The panel will determine which groups have standing and which objections will be considered as part of the case.

New Jersey-based Holtec International has applied for a license to construct the facility about 35 miles east of Carlsbad. It would be capable of storing as much as 120,000 metric tons of high-level radioactive waste.

Opponents have concerns about the project’s legality, the safety of transporting the fuel across the country and potential environmental effects.