Christine Gemperle said she and her brother Erich, who co-own and operate Gemperle Orchards just outside of Keyes, have been through a lot over the last 27 years, including three droughts and a pandemic. But what they are facing now is just as bad and possibly worse.

“We are lucky enough to live in one of the few places on this planet that have the perfect climate, soils and water infrastructure to support growing a highly nutritious crop, almonds… Global markets rely on us to provide almonds, and we rely on their consumption. But tariffs have the ability to disrupt those relationships that have been built, some over decades. We rely on those same global markets to supply us with materials we need to build farm equipment, irrigation systems and fertilize fields. Will we be able to access what we need to grow our crops? And if so, will we even be able to afford it? Because seasons determine when crops are planted and harvested, we do not have the luxury to wait years for factories to be built, for supply chains to grow, regardless of all the scientific and engineering advances, farming is still hard work, and the weather makes every year a gamble. The last thing we need is more uncertainty…,” said Gemperle at a press conference held on her farm on Wednesday at which Governor Gavin Newsom and Attorney General Rob Bonta announced they were filing a lawsuit against President Donald Trump, challenging the legality of the tariffs he imposed under the International Emergency Economic Powers Act.

The act enables a president to freeze and block transactions in response to foreign threats but doesn't allow the president to adopt tariffs, the suit says.

The lawsuit, which was filed in the U.S. District Court for the Northern District of California, also argues that enacting such tariffs requires approval from Congress.

“The reality is, the U.S. Constitution gives Congress the power of the purse. It’s Congress’ responsibility to set and collect taxes, duties and excises, including, yes, tariffs, not the president. Congress hasn’t authorized these tariffs, much less authorized imposing tariffs only to increase them, pause them, then imminently reinstate them on a whim, causing our nation and the global economy whiplash,” said Gov. Newsom at Wednesday’s press conference.

Trump has offered many justifications for increasing tariffs, including that they are designed to spur U.S. manufacturing and stop the flow of illicit fentanyl into the country. California's move follows rapidly changing tariff plans by the Trump administration.

A White House official slammed the lawsuit and defended the tariff plan.

“Instead of focusing on California’s rampant crime, homelessness, and unaffordability, Gavin Newsom is spending his time trying to block President Trump’s historic efforts to finally address the national emergency of our country’s persistent goods trade deficits,” White House spokesperson Kush Desai said. "The entire Trump administration remains committed to addressing this national emergency that’s decimating America’s industries and leaving our workers behind with every tool at our disposal, from tariffs to negotiations.”

Newsom said that California is taking the lead on filing a lawsuit on the legality of the tariffs because they are “especially harmful” to the Golden State.

“California is the nation’s largest importer and second largest exporter, the largest when it comes to agricultural exports. In 2022, California agricultural exports brough in nearly $24 billion. Mexico, Canada and China happen to be our biggest trade partners. Over 40% of California’s imports come from those three countries, and they are our top three export destinations, buying close to $67 billion in California exports…vendors have warned us that they’re going to pass the cost of Trump’s tariffs onto the state of California. Trump may claim he’s a great businessman, but Trump’s tariffs are truly terrible for business, and they are breaking the law,” said Newsom.

California has filed more than a dozen lawsuits challenging Trump’s policies this year. But the tariffs lawsuit marks the first time this year that Newsom, who is already considered a top 2028 presidential prospect, has been a plaintiff. 

“The president is yet again acting as if he’s above the law. He isn’t. He is, yet again, violating the U.S. Constitution, overriding Congress’ authority and breaching the separation of powers. It’s simple, Trump does not have the authority to impose these tariffs, he must be stopped,” said Bonta.

The announcement comes days after Newsom asked countries to exempt California exports from retaliatory tariffs. No deals have yet been announced. He also launched a tourism campaign to entice Canadian visitors to California this week.

- The Associated Press contributed to this report.