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this judicial review matter. In turn, Defendants respectfully request that the Court award <br />Defendants' reasonable costs and fees pursuant to § 34- 33- 128(4). The Board's approval of PR- <br />6 was proper and supported by extensive evidence in the record, yet Plaintiffs still sought judicial <br />review. Defendants are entitled to recoupment of expenses incurred defending a proper agency <br />decision. <br />VII. CONCLUSION <br />The Board made its decision to affirm the Division's proposed approval of PR -6 based on <br />substantial evidence in the record and in compliance with the Act and Rules. The Court should <br />affirm the Mined Land Reclamation Board's December 8, 2010 Findings of Fact, Conclusions of <br />Law, and Order. <br />Respectfully submitted this 22 "d day of March, 2013. <br />JOHN W. SLITHERS <br />Attorney General <br />/s /Jeff M. Fugate <br />JEFF M. FUGATE #37679 <br />First Assistant Attorney General <br />Resource Conservation Unit <br />Natural Resources and Environment Section <br />Attorney for the Division of Reclamation, Mining, <br />and Safety <br />/s/ John J. Roberts <br />John J. Roberts #30124 <br />Senior Assistant Attorney General <br />Agriculture /Professional Unit <br />Business & Licensing Section <br />Attorney for Mined Land Reclamation Board <br />KYj <br />